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Rohnert Park Wrongful Death Attorney

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Attorney Michael Rehm — (800) 978-0754

When a Rohnert Park resident dies because of another person's negligence, the surviving family members may have a wrongful death claim under California law. The claim belongs not to the decedent's estate, but to the survivors themselves — compensation for the specific losses each eligible family member sustains because of the death. Attorney Michael Rehm represents surviving family members in wrongful death cases throughout Rohnert Park and Sonoma County on a contingency fee basis.

Standing to Sue

Code of Civil Procedure § 377.60 limits wrongful death standing to a specific class of claimants: the decedent's surviving spouse or registered domestic partner; the decedent's children and the issue of deceased children; and — where there is no surviving issue — those persons who would be entitled to succeed to the decedent's estate under California's intestacy laws. The statute also provides standing to the decedent's putative spouse, stepchildren, parents, and legal guardians, but only if those individuals were financially dependent on the decedent at the time of death. Only those persons specifically identified in the statute may pursue the claim.

Recoverable Damages

Code of Civil Procedure § 377.61 provides that the wrongful death judgment be in an amount that is fair and just compensation for the claimants' losses. Those losses include the financial support and benefits the claimant would reasonably have received from the decedent; the value of household services, training, and advice the decedent would have provided; and the loss of love, companionship, comfort, affection, society, solace, and moral support. Funeral and burial expenses are also recoverable. The claimants' personal grief and sorrow are not compensable. The decedent's own pre-death losses — pain, suffering, and medical expenses — belong to the estate's separate survivor action under Code of Civil Procedure § 377.30.

Filing Deadline

Code of Civil Procedure § 335.1 provides a two-year statute of limitations for wrongful death claims, running from the date of death. For deaths caused by the conduct of a government entity, the Government Claims Act requires a written claim within six months of the date of death. Missing that deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your situation.

Related Pages

Attorney Michael Rehm handles wrongful death cases throughout Rohnert Park and Sonoma 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.

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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.

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