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Fresno Wrongful Death Attorney

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Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents families who have lost a loved one due to another person's negligence throughout Fresno and Fresno County. Wrongful death claims in California are governed by a specific statutory framework that determines who may bring a claim, what damages are recoverable, and how those damages are distributed. This page explains that framework as it applies to cases filed in Fresno County Superior Court.

Who May Bring a Wrongful Death Claim

The right to bring a wrongful death action in California is governed by Code of Civil Procedure section 377.60. The following persons may bring a wrongful death claim: the surviving spouse or domestic partner; the surviving children; if there are no surviving children, the issue of deceased children; and if there is no surviving spouse or issue, any other person who would be entitled to succeed to the decedent's property under the laws of intestate succession, including parents and siblings. A putative spouse and the children of a putative spouse may also have standing under specified circumstances. Whether a particular family member has standing to bring a wrongful death claim depends on the specific facts and California's intestate succession rules.

Damages in a Wrongful Death Case

Code of Civil Procedure section 377.61 provides that in a wrongful death action, the jury may award damages that are just under all the circumstances of the case, including financial support the decedent would have contributed to the family, gifts and benefits the family would have received, the reasonable value of household services the decedent provided, and the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Wrongful death damages in California are the survivors' losses — not the decedent's losses. The decedent's own pain and suffering before death, and the decedent's medical expenses, are recoverable through a separate survival action under Code of Civil Procedure section 377.30, which is brought by the decedent's estate. Both a wrongful death claim and a survival claim may be filed arising from the same death.

Punitive damages are not available in a wrongful death action in California. Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425 and subsequent authority confirm that punitive damages run to the estate through the survival action where the defendant acted with malice, oppression, or fraud under Civil Code section 3294 — not to the wrongful death plaintiffs directly.

Common Causes of Wrongful Death in Fresno County

In 2023 (the most recent year for which data is currently available), Fresno County recorded 5,377 total fatal and injury crash victims. The county ranked 57th out of 58 in speed-related crash victims and recorded 4,167 DUI arrests. Traffic accidents are a leading cause of wrongful death claims filed in Fresno County Superior Court. Other common causes include construction site accidents, premises liability deaths including drowning and falls, medical negligence, and workplace accidents involving agricultural and industrial equipment. These figures are drawn from the California Office of Traffic Safety 2023 Annual Report.

Negligence Standard

A wrongful death claim based on negligence requires proof that the defendant owed the decedent a duty of care, that the defendant breached that duty, that the breach was a substantial cause of the death, and that the plaintiff suffered damages as a result. California Civil Code section 1714(a) establishes the general duty: everyone is responsible for injury occasioned to another by his or her want of ordinary care or skill. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov. Causation is governed by the substantial factor standard set out in California Civil Jury Instructions (CACI) 430.

Government Entity Claims

Where a government entity — a city, county, or public agency — caused or contributed to the death through a dangerous condition of public property or a public employee's negligence, the family must file a government tort claim within six months of the date of death under Government Code section 911.2. Failure to timely file can potentially bar the lawsuit. Tolling may apply depending on the facts.

Filing a Lawsuit in Fresno County Superior Court

Wrongful death lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g). Fresno County Local Rules require ADR completion before the mandatory settlement conference, personal in-person attendance by trial counsel and insurance carrier representatives at the MSC, and in-person attendance at the Trial Readiness Hearing the Friday before trial.

Statute of Limitations

The statute of limitations for wrongful death claims is two years from the date of death under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar the claim. The statute of limitations is an affirmative defense the defendant must raise and prove. Tolling doctrines may apply. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

Attorney Michael Rehm handles wrongful death cases throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

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