Stockton Wrongful Death Attorney

Attorney Michael Rehm — (800) 978-0754

Wrongful Death Cases in Stockton and San Joaquin County

Attorney Michael Rehm represents families who have lost a loved one due to another person's negligence throughout Stockton and San Joaquin County. Wrongful death is not a separate theory of negligence — it is a statutory cause of action that allows certain family members to recover for the losses they suffer as a result of another person's negligence causing their relative's death. The underlying negligence framework is identical to a personal injury case. What changes is who can bring the claim, what damages are recoverable, and how those damages are distributed among the heirs.

Who Can Bring a Wrongful Death Claim

Code of Civil Procedure § 377.60 defines who may bring a wrongful death action. The statute permits claims by the decedent's surviving spouse or domestic partner, surviving children, and, if there is no surviving spouse or children, by persons who would be entitled to the decedent's property by intestate succession. Parents of a minor child and a putative spouse who meets the requirements of the statute may also have standing. Each category has specific requirements that must be evaluated on the facts of the case.

Wrongful Death Damages

Code of Civil Procedure § 377.61 defines the damages recoverable in a wrongful death action. Recoverable losses include the financial support the decedent would have contributed to the family during their expected lifetime, the loss of gifts and benefits the heirs would have received, funeral and burial expenses, and the reasonable value of household services the decedent would have provided.

Non-economic damages — the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support — are separately recoverable by each heir. These damages reflect the human reality of the loss: a child who grows up without a parent, a spouse who loses their life partner, a parent who outlives their child. California law does not require these losses to be quantified with precision — it requires the jury to assess their value based on the evidence of the relationship.

What wrongful death damages do not include is the decedent's own pain and suffering before death. That claim belongs to the estate through a survival action brought simultaneously.

The Survival Action

Code of Civil Procedure § 377.30 permits the decedent's estate to bring a survival action for damages the decedent suffered before death — including conscious pain and suffering from the time of injury to the time of death, lost earnings during that period, and medical expenses. The survival action and wrongful death action are distinct claims with distinct damages and are typically filed together in the same lawsuit. The recovery under the survival action flows to the estate and is distributed according to the decedent's will or intestate succession, while the wrongful death recovery flows directly to the heirs who brought the claim.

Calculating Economic Damages

The economic component of a wrongful death claim requires projecting what the decedent would have earned over their working life, what they would have contributed to the household, and the present value of that stream of future contributions. This analysis requires evidence of the decedent's earnings history, career trajectory, education, age, and health, combined with actuarial data on life expectancy and vocational expert testimony on future earnings capacity. An economist then reduces those projected future contributions to present value.

The financial support component is not limited to income. A parent who provided childcare, home maintenance, and household management contributed economic value that must be quantified even if it was never paid as wages. A spouse who managed a household, provided care for children or elderly relatives, or contributed in other non-wage ways has a measurable economic contribution that belongs in the damages calculation.

Common Wrongful Death Cases in San Joaquin County

The same crash types that produce catastrophic injuries produce wrongful deaths. High-speed freeway crashes on Interstate 5 and Highway 99, commercial truck underride crashes, motorcycle crashes, and pedestrian strikes at speed are the primary mechanisms. San Joaquin County's agricultural roads produce wrongful deaths from agricultural equipment crashes and rural highway crashes at distances from trauma centers that affect outcomes. The San Joaquin Delta produces drowning and boat crash fatalities.

Every driver has a legal obligation under California Civil Code § 1714(a) to use ordinary care. When that obligation is breached and a death results, the same negligence framework that governs personal injury claims — duty, breach, causation, and damages — applies. The measure of damages is defined by Civil Code § 3333 and the wrongful death statutes together.

Where the defendant's conduct was malicious, oppressive, or fraudulent, or constituted willful misconduct, punitive damages may be available to the estate through the survival action under Civil Code § 3294. Punitive damages are not available to the wrongful death heirs directly but are available to the estate. In DUI fatalities and commercial truck crashes involving knowing regulatory violations, punitive damages are a live issue from the start of the case.

Statute of Limitations

A wrongful death action must be filed within two years of the date of death. Code of Civil Procedure § 335.1. The limitations period runs from the date of death, not the date of injury if those dates differ — relevant in cases where the victim survived the initial incident for days or weeks before dying. Where a government entity is a potential defendant, a government tort claim must be presented within six months of the date of death under Government Code § 911.2. Missing the government claims deadline bars the claim against the government entity regardless of the merits of the wrongful death case. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

San Joaquin County Superior Court

Wrongful death cases in San Joaquin County are litigated at the San Joaquin County Superior Court, 180 E. Weber Ave., Stockton, CA 95202. Civil departments 10A, 10B, 10C, 10D, and 11B. Wrongful death cases almost always exceed the $50,000 judicial arbitration threshold under Local Rule 3-122 and proceed as unlimited civil matters. Settlement conferences require itemized special damages, a general damages amount, and a written settlement offer served on all parties at least 10 days before the conference, with an insurance representative with settlement authority present or immediately available by phone. Local Rule 3-104. Court reporters are not provided — parties must retain their own. Local Rule 3-102(J). Branch courts in Lodi (315 W. Elm St.) and Manteca (315 E. Center St.).

Attorney Michael Rehm handles wrongful death cases throughout Stockton and San Joaquin 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.