Modesto Wrongful Death Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents families who have lost a loved one due to another person's negligence throughout Modesto and Stanislaus County. A wrongful death claim is distinct from a personal injury claim — it belongs to the surviving family members, not to the decedent's estate, and it compensates for the losses that the survivors themselves have suffered as a result of the death. This page explains the statutory framework that governs wrongful death claims in California and the procedural rules that apply to cases filed in Stanislaus County Superior Court.

The Wrongful Death Statute

California's wrongful death cause of action is created and governed by Code of Civil Procedure section 377.60. That section provides that a cause of action for wrongful death may be asserted by the decedent's surviving spouse, domestic partner, children, and issue of deceased children. If there is no surviving spouse, domestic partner, or issue, the action may be brought by anyone who would be entitled to the property of the decedent under intestate succession, which can include parents and siblings depending on the family structure.

The wrongful death action compensates surviving plaintiffs for their own losses. Code of Civil Procedure section 377.61 provides that damages may be awarded in a wrongful death action in an amount that under all the circumstances of the case may be just, including the financial support the decedent would have contributed to the family, the loss of gifts or benefits the heirs would have expected to receive, funeral and burial expenses, and the reasonable value of household services the decedent would have provided.

Non-economic damages are also recoverable. Surviving family members may recover for the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. These are not subject to the MICRA cap that limits non-economic damages in medical malpractice cases — wrongful death claims arising from general negligence, including car accidents and premises liability, are not capped.

The Survival Action

A wrongful death claim by surviving family members is separate from a survival action. Under Code of Civil Procedure section 377.30, a cause of action that existed in favor of the decedent before death survives and may be commenced or continued by the decedent's personal representative or successor in interest. The survival action recovers damages the decedent sustained before death — pre-death pain and suffering, medical expenses incurred before death, and lost earnings from the time of injury to the time of death. These damages belong to the estate, not to the surviving family members directly.

In a fatal accident case, the personal representative of the estate commonly pursues both a survival action and the surviving family members pursue a wrongful death claim in the same proceeding.

Who May Bring a Wrongful Death Claim

All heirs who have a wrongful death claim must join in a single action. California does not permit multiple separate wrongful death lawsuits arising from the same death. Under Code of Civil Procedure section 377.60, the wrongful death claim belongs jointly to all eligible heirs. Damages awarded in the action are apportioned among the heirs based on their individual losses.

Liability Framework

A wrongful death claim requires proof that the defendant's negligence or other wrongful conduct caused the decedent's death. Civil Code section 1714(a) provides the foundational duty of ordinary care. The defendant's conduct is evaluated against the same negligence standard that would apply if the decedent had survived — duty, breach, causation, and damage. The wrongful death claimants must prove that the defendant's breach of duty was a substantial factor in causing the death.

California's pure comparative fault system under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 applies to wrongful death claims. If the decedent bore some share of fault for the incident that caused their death, the wrongful death damages are reduced proportionally. The defense may raise comparative fault as an argument, but the jury decides what percentage, if any, applies.

Wrongful death claims arise from many types of incidents. In Modesto and Stanislaus County, the most common include fatal car and truck accidents on SR-99 and Interstate 5, pedestrian fatalities at high-risk intersections, motorcycle fatalities, drownings, and workplace accidents. The OTS reported that Modesto recorded 1,876 total crash victims killed or injured in 2023, ranking second out of 62 comparable California cities — reflecting the frequency of serious and fatal crashes in this market.

Punitive Damages

In cases where the defendant's conduct was particularly egregious — driving under the influence with knowledge of the risks, knowingly operating a commercial vehicle with failed brakes, or deliberately disregarding safety obligations — Civil Code section 3294 permits an award of punitive damages. Punitive damages are available in a survival action for conduct that occurred before the decedent's death but are not available in the wrongful death action itself under the current state of California law.

Filing Deadlines

California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for wrongful death claims, running from the date of death. Missing this deadline can potentially bar the claim. Tolling doctrines may apply in some circumstances. Contact Attorney Michael Rehm promptly to assess the specific timeline.

If the death was caused by the negligence of a government employee or involved a dangerous condition of public property, a government tort claim under Government Code section 911.2 must be filed within six months of the date of death. Government Code section 945.6 then requires a lawsuit to be filed within six months after the claim is rejected. Missing the government claims deadline can potentially bar the claim entirely.

Stanislaus County Superior Court

Wrongful death lawsuits filed on behalf of Modesto and Stanislaus County families are filed in the Stanislaus County Superior Court, City Towers Building, 801 10th Street, Modesto, CA 95354. The court has 21 judges and three commissioners. Civil cases are directly assigned to a single judicial officer for all purposes, including trial. Represented parties are subject to mandatory electronic filing. All general civil cases are required to participate in a mandatory settlement conference approximately 15 days before trial. Stanislaus County Superior Court judicial statistics are available through the California Judicial Council court statistics portal.

Representation on a Contingency Fee Basis

Attorney Michael Rehm handles wrongful death cases throughout Modesto and Stanislaus 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.