Personal Injury Settlements and Cases Won in California.
Fresno sits at the heart of California’s Central Valley — a region known for its busy highways, agricultural fields, construction zones, and constant movement of heavy trucks and equipment. With so many industries operating side-by-side, the community depends on hardworking people to keep these essential operations running every day. But these same high-risk environments also create situations where a single careless decision, unsafe condition, or negligent act can lead to a tragic and preventable loss of life.
Losing a loved one because someone else failed to act responsibly is devastating. Families are left facing overwhelming grief, unexpected financial burdens, and the painful reality of life without a parent, spouse, or child. During this time, understanding your legal options should not add to the stress.
This page will guide you through the essential information you need: what qualifies as wrongful death in California, who has the right to file a claim, the types of compensation available, important filing deadlines, and how experienced wrongful death lawyers in Fresno help families in Fresno pursue justice, accountability, and the financial recovery they deserve.
In California, a wrongful death occurs when a person’s life is taken due to someone else’s negligent, reckless, or intentional actions. This is a civil claim, which means it focuses on securing financial compensation for surviving family members rather than punishing the wrongdoer through criminal law. Families can pursue a wrongful death lawsuit even if no criminal charges are filed, allowing them to hold the responsible party financially accountable.
Wrongful death can arise from many circumstances. Each case requires a careful investigation to establish negligence, liability, and the link between the defendant’s actions and the victim’s death. Common scenarios include:
Accidents involving cars, trucks, motorcycles, buses, or commercial vehicles often lead to wrongful death claims. Causes can include speeding, distracted driving, driving under the influence of alcohol or drugs, reckless maneuvers, or vehicle maintenance failures. Victims may include drivers, passengers, pedestrians, and cyclists. Trucking accidents are particularly complex due to multiple potential liable parties, including the driver, trucking company, and equipment manufacturers.
California workplaces, especially construction sites and agricultural operations, can be dangerous if proper safety protocols are not followed. Fatal injuries may result from falls from heights, machinery accidents, exposure to hazardous substances, or unsafe work conditions. Employers, supervisors, or contractors can be held liable if negligence or failure to enforce safety regulations contributed to the death.
Deaths caused by medical errors are considered wrongful death if a healthcare professional fails to meet the accepted standard of care. Examples include misdiagnoses, surgical mistakes, anesthesia errors, delayed treatment, or incorrect prescriptions. Hospitals, doctors, nurses, and other medical staff may be named as defendants, depending on who is responsible for the negligence.
Product-related deaths occur when equipment, vehicles, tools, or consumer goods malfunction or are unsafe due to design flaws, manufacturing defects, or inadequate warnings. Liability may extend to manufacturers, distributors, or retailers. Examples include defective vehicle parts causing crashes, machinery accidents, or faulty consumer products like appliances or toys.
Wrongful death claims can also arise from intentional or criminal behavior, such as assaults, shootings, stabbings, or other violent acts. Even when criminal charges are filed, the victim’s family may pursue a civil claim to recover damages for their loss.
Each wrongful death case is unique and requires a thorough investigation to determine who is legally responsible. Unlike survival actions, which allow the estate to claim damages the deceased could have pursued, wrongful death claims focus on the losses suffered by surviving family members, including financial support, companionship, and guidance.
Fresno is a busy hub in California’s Central Valley, with heavy traffic along Highway 99, extensive agricultural operations, construction projects, and bustling hospitals. While these environments are essential to the local economy, they also create conditions where preventable deaths can occur. Understanding the common causes of wrongful death in Fresno can help families recognize potential claims and identify who may be responsible.
Motor vehicle accidents are among the leading causes of wrongful death in the area. Fatal crashes can involve cars, trucks, motorcycles, bicycles, or pedestrians, often resulting from speeding, distracted driving, driving under the influence of alcohol or drugs, failure to follow traffic laws, or poorly maintained vehicles and road conditions. Highway 99 and other major Fresno roadways carry heavy commercial traffic, making accidents particularly complex and sometimes involving multiple liable parties.
Fresno’s construction sites and farms are high-risk environments where fatal injuries may occur due to machinery accidents involving tractors, forklifts, or other heavy equipment, falls from scaffolding, ladders, or elevated work areas, exposure to hazardous chemicals, or unsafe working conditions. Inadequate safety training or lack of protective equipment can also contribute to these tragedies. Employers, contractors, or equipment manufacturers can be held accountable if their negligence played a role in a worker’s death.
Hospitals and medical facilities in Fresno can be sites of fatal incidents resulting from misdiagnoses, delayed diagnosis, surgical errors, anesthesia mistakes, medication errors, or treatment that fails to meet accepted standards of care. Depending on the circumstances, healthcare providers, hospitals, or staff members may be liable for these preventable deaths.
Fatal accidents may also result from defective or dangerous products. Examples include faulty vehicle parts that cause crashes, malfunctioning farm or construction equipment, or unsafe consumer goods that lack proper warnings. Liability in these cases can extend to manufacturers, distributors, or retailers responsible for bringing the product to market.
Premises liability accidents occur when unsafe property conditions lead to slip and fall incidents, fires, structural collapses, or drownings in pools or other hazards. Property owners or managers may be held legally responsible if they fail to maintain a safe environment for visitors, tenants, or employees.
Some wrongful deaths result from intentional acts, such as assaults, shootings, or other violent behavior. Even when criminal charges are filed against the responsible party, families can pursue civil claims to recover damages for their loss.
Every type of wrongful death case requires careful investigation to identify the responsible party, whether it’s a driver, employer, property owner, manufacturer, or another entity.
Losing a loved one due to someone else’s negligence is devastating, and knowing who has the legal right to pursue a wrongful death claim is an important first step. California law sets clear guidelines on who can file a lawsuit, ensuring that the individuals most affected by the loss can seek compensation for both financial and emotional damages. Understanding these rules helps families in Fresno navigate the legal process and protect their rights during a difficult time.
In California, not everyone can file a wrongful death claim. The law, specifically California Code of Civil Procedure §377.60, defines who has the legal right to pursue compensation after a loved one’s death. The primary individuals eligible to file are the surviving spouse or registered domestic partner, children or grandchildren of the deceased, and dependent parents or stepchildren who relied financially on the deceased. These family members are considered closest in relation and are recognized by law as having the most direct interest in the financial and emotional losses caused by the death.
If no qualifying relatives exist, other heirs or a personal representative of the deceased’s estate may bring the claim on behalf of the family. This ensures that wrongful death claims can still move forward even when immediate family members are not present, allowing justice and compensation to be pursued.
A wrongful death lawsuit must represent the interests of all eligible family members, even if only one person formally files the case. Disputes among family members over claims can complicate or delay the legal process. An experienced Fresno wrongful death attorney can help organize the claim, communicate with all parties, and ensure a fair distribution of any compensation recovered.
Having a knowledgeable lawyer is especially critical in Fresno, where local court procedures and deadlines must be carefully navigated to protect the rights of surviving family members and maximize the potential recovery for both economic and non-economic losses.
When a loved one dies due to someone else’s negligence, families may be entitled to compensation for both financial and emotional losses. California law allows survivors to recover damages that reflect the full impact of their loss. Understanding the types of damages available can help Fresno families plan and pursue fair compensation.
Economic damages cover measurable financial losses resulting from the death. These may include funeral and burial costs, medical expenses incurred before death, lost future income or financial support, loss of benefits such as health insurance or retirement contributions, and the value of household services like childcare, home maintenance, or transportation that the deceased provided. Calculating these damages often requires financial expertise to ensure that families receive full compensation for both current and projected future losses.
Non-economic damages account for losses that are not strictly financial but profoundly affect surviving family members. This includes the loss of companionship, care, and guidance, as well as the emotional pain and suffering experienced by the spouse, children, or other close relatives. These damages recognize the deep personal and emotional impact that a wrongful death has on the lives of those left behind.
In certain extreme cases involving intentional acts or gross negligence, punitive damages may be awarded. These damages are designed to punish the responsible party and deter similar conduct in the future. While not common in every wrongful death case, they can significantly increase the total compensation in situations where the defendant’s behavior was especially reckless or malicious.
Calculating the full value of a wrongful death claim requires careful legal and financial analysis. Experienced Fresno wrongful death attorneys work with economic and financial experts to ensure that families can recover compensation that reflects both tangible losses and the profound emotional impact of their loss.
Filing a wrongful death claim promptly is crucial because California law sets strict deadlines. Missing these deadlines can prevent families from recovering the compensation they deserve. Understanding the time limits helps Fresno families take action quickly and protect their legal rights.
In most wrongful death cases, families have two years from the date of death to file a lawsuit under California law. This two-year period applies to claims against private individuals, companies, or other non-government entities. Filing within this timeframe ensures that the court can consider the case and the family can pursue full compensation.
If the wrongful death involves a government entity, such as a city, county, or state agency, a different process applies. Families are generally required to file an administrative claim within six months of the death before pursuing a lawsuit. Missing this shorter deadline can bar the claim entirely, so it’s important to consult an attorney as soon as possible.
Medical malpractice wrongful death claims may also have different deadlines depending on when the cause of death was discovered. California law allows certain extensions if the negligence or error was not immediately apparent, but these cases can be complex and require careful attention to detail.
Waiting too long to file a claim can result in losing the right to recover damages. An experienced Fresno wrongful death attorney can help families navigate the deadlines, gather necessary evidence, and ensure the claim is filed correctly and on time.
Proving a wrongful death claim requires establishing that the deceased’s death was caused by someone else’s negligent, reckless, or intentional actions. Families must show both liability and the resulting losses to recover fair compensation. In Fresno, where traffic, workplace, and medical incidents are common causes of wrongful death, understanding the key legal elements is essential, and the types of evidence are critical.
Legal Elements to Establish Liability
To succeed in a wrongful death lawsuit, four key elements must be clearly demonstrated:
The defendant had a legal obligation to act in a manner that would prevent harm to the deceased. This duty varies depending on the situation: drivers must follow traffic laws, employers must provide safe working conditions, medical professionals must adhere to accepted standards of care, and property owners must maintain safe premises. Establishing this duty is the first step in showing liability.
The defendant failed to meet that obligation through negligent, reckless, or intentional conduct. Examples include a driver texting while driving, a construction company ignoring safety protocols, a surgeon making a critical error during surgery, or a property owner failing to repair known hazards. The breach must be significant enough that it directly contributes to the fatal outcome.
It must be shown that the defendant’s breach of duty directly caused the person’s death. This requires proving a clear connection between the negligent act and the fatal incident. For instance, if a defective piece of machinery causes a fatal accident on a farm, there must be evidence that the defect was the proximate cause of the death, not unrelated factors.
Surviving family members must demonstrate that they suffered financial, emotional, or relational losses as a result of the death. This can include lost income, medical expenses incurred before death, funeral costs, loss of benefits, loss of household services, and non-economic damages such as loss of companionship, care, and guidance. California law recognizes these damages as recoverable in a wrongful death claim.
A wrongful death claim relies on a combination of evidence to prove liability and damages. The most common types include:
Official documentation of traffic, workplace, or other incidents that resulted in death. These reports often contain witness statements, officer observations, and preliminary cause-of-death findings.
Provide detailed information about the cause of death, treatment received, and any medical errors or omissions that may have contributed to the fatal outcome.
Eyewitness accounts can clarify how the incident occurred, while expert testimony from engineers, medical professionals, or safety specialists can establish negligence, liability, and causation.
Visual documentation of the accident scene, defective products, or unsafe conditions can support claims of negligence or hazard.
Payroll records, tax returns, and benefits statements help calculate lost earnings, future support, and other financial losses suffered by surviving family members.
An experienced Fresno wrongful death attorney coordinates the collection and evaluation of all these types of evidence. By working with experts and meticulously documenting every element, the attorney can build a strong case to maximize compensation for both economic and non-economic losses.
Filing a wrongful death claim can feel overwhelming, especially while grieving the loss of a loved one. Understanding the step-by-step legal process helps Fresno families know what to expect and how an experienced attorney can guide them through each stage. With proper legal support, families can focus on healing while their lawyer handles the complexities of the case.
The process begins with a free consultation with a wrongful death attorney. During this initial meeting, the attorney reviews the circumstances of the death, determines whether the case qualifies as a wrongful death claim, and explains the legal options available. This consultation allows families to ask questions and understand the potential for recovery without any financial obligation.
After the consultation, the attorney conducts a thorough investigation to gather evidence. This includes collecting medical records, accident or police reports, witness statements, photographs, and any physical or digital evidence related to the incident. Expert witnesses, such as medical professionals, engineers, or accident reconstruction specialists, may also be consulted to provide analysis and strengthen the case.
Once sufficient evidence is gathered, the attorney files the wrongful death lawsuit in the appropriate Fresno court or submits an insurance claim against the responsible party. This formal step begins the legal process and ensures that the claim is officially recognized by the court.
During the discovery phase, both parties exchange evidence and may depose witnesses to build their respective cases. At the same time, the attorney may engage in negotiations with the defendant or their insurance company to seek a fair settlement. Many wrongful death cases are resolved at this stage without going to trial, though complex cases may require further proceedings.
If negotiations do not result in an acceptable settlement, the case may proceed to mediation or trial. Mediation allows a neutral third party to help facilitate a resolution, while a trial involves presenting the case before a judge or jury. The attorney presents evidence, calls witnesses, and argues on behalf of the surviving family members to maximize compensation.
The final stage is the resolution and payout, which occurs either through a settlement or a court judgment. Once the case concludes, the recovered damages are distributed among the eligible family members. An experienced attorney ensures the distribution is fair and that all legal and financial aspects are handled correctly.
With a knowledgeable Fresno wrongful death lawyer guiding the process, families can focus on healing while their attorney manages the investigation, paperwork, negotiations, and courtroom proceedings, ultimately working to secure the compensation they deserve.
Determining the value of a wrongful death claim is a complex process that considers both financial and non-financial losses. Each case is unique, depending on the deceased’s circumstances, the surviving family members, and the circumstances of the death. Fresno families benefit from working with an experienced attorney who can provide an accurate and comprehensive valuation.
Factors Affecting Compensation
Younger victims or those in good health typically have more years of potential work and financial contribution ahead of them. This increases the projected economic impact on their surviving family members. Courts and attorneys consider these factors when estimating lost support over a lifetime.
The deceased’s current income, career trajectory, and potential for promotions or raises are analyzed to determine lost future earnings. This also includes evaluating benefits such as health insurance, retirement contributions, and other compensation that would have supported the family. Accurately projecting these amounts is critical to ensuring families receive full financial recovery.
The economic impact of a wrongful death is greater when multiple family members rely on the deceased’s support. Children, spouses, elderly parents, or other dependents may experience both financial and lifestyle disruptions. The more dependents involved, the higher the potential damages in the claim.
Non-economic damages account for the loss of care, guidance, companionship, and emotional support that the deceased provided. These losses can deeply affect the daily lives and well-being of surviving family members. Courts often evaluate the closeness of the relationship and the impact of the loss when assigning these damages.
The strength of evidence proving the defendant’s responsibility directly affects the likelihood of obtaining full compensation. Additionally, the availability of insurance coverage or other assets determines whether the recovery will cover all losses. Cases with clear liability and sufficient coverage generally result in higher settlements or awards.
Attorneys often work with economists, actuaries, and financial experts to project lost income, benefits, and household contributions over time. These projections help quantify both current and future financial losses with precision. Expert analysis strengthens the claim by providing an objective and detailed valuation that courts or insurance companies can rely on.
Because each wrongful death case involves different circumstances and unique losses, a detailed review of all evidence is necessary to provide an accurate estimate. An experienced Fresno wrongful death lawyer works with families to calculate the total value of both economic and non-economic damages, helping ensure fair and comprehensive compensation for the losses they have endured.
Many families worry about the cost of hiring a wrongful death attorney, especially during a time of grief. In California, most wrongful death lawyers work on a contingency fee basis, which allows families to pursue justice without upfront payment. Understanding how legal fees work can help Fresno families make informed decisions about seeking representation.
Most wrongful death attorneys, including those at RMD Law, operate on a contingency fee basis, meaning they are paid only if the case is successful. This fee is typically a percentage of the settlement or court award, which varies depending on the complexity of the case. Working on contingency ensures that families do not face financial risk while seeking compensation for their loss.
With a contingency arrangement, families are not required to pay upfront fees for legal representation. This allows families to focus on grieving and managing other responsibilities without worrying about immediate legal expenses. The attorney covers the initial costs of investigation, documentation, and expert consultation, advancing the case on behalf of the client.
Reputable Fresno wrongful death lawyers, including RMD Law, offer free consultations to evaluate the merits of a case. During this consultation, families can discuss the circumstances of the death, ask questions about the legal process, and learn about potential compensation. This initial meeting provides clarity without any financial commitment, allowing families to make an informed choice before moving forward.
Legal fees are collected only if compensation is successfully recovered through settlement or trial. This aligns the lawyer’s interests with the client’s, ensuring that the attorney is motivated to pursue maximum damages. Families can feel confident that they will not incur legal costs unless the case results in a financial award.
Choosing the right attorney can make a significant difference in the outcome of a wrongful death case. Families in Fresno need compassionate, experienced legal guidance to navigate the emotional and financial challenges of losing a loved one. RMD Law provides dedicated support, combining local expertise with a proven track record to help families seek justice and fair compensation.
Our wrongful death attorneys have a strong history of successfully representing families across California in complex cases. We have secured settlements and verdicts that reflect both economic and non-economic losses, ensuring families receive the compensation they deserve. Our experience in handling various types of wrongful death claims—ranging from traffic accidents to medical malpractice—gives clients confidence that their case is in capable hands.
We understand the emotional toll of losing a loved one and prioritize clear communication, empathy, and support throughout the legal process. Our attorneys provide regular updates, answer questions promptly, and guide families step by step. This client-focused approach ensures that families feel heard and supported while pursuing their claim.
RMD Law leverages a network of expert witnesses, investigators, and financial specialists to strengthen each case. These professionals provide objective analysis, expert testimony, and detailed valuations of economic and non-economic damages. Their expertise helps establish liability, quantify losses, and maximize compensation for the family.
With a deep understanding of Fresno County courts and local procedures, our attorneys can navigate the legal system efficiently. Familiarity with local judges, insurance companies, and procedural rules allows us to handle cases strategically and avoid unnecessary delays. Families benefit from our knowledge of how cases are evaluated and resolved in the Fresno area.
We are dedicated to pursuing the full compensation families are entitled to, whether through settlement or trial. Our attorneys carefully assess all aspects of the case, including economic losses, non-economic damages, and potential punitive awards. By combining legal expertise, compassion, and strategic advocacy, we strive to achieve justice for every client.
Contact our Fresno wrongful death lawyers today for a free consultation and let our team help you seek justice for your loved one.
At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
Fresno, located in the heart of California’s Central Valley, is a city rich in history, natural beauty, and community spirit, offering a diverse array of activities for both residents and visitors.
With its array of outdoor adventures, cultural treasures, delicious food, and exciting attractions, Fresno offers endless opportunities to explore, savor, and create lasting memories.
You’re not required by law to hire an attorney after a wrongful death, but having one can greatly improve your chances of success. An experienced Fresno wrongful death attorney can investigate the incident, collect key evidence like police reports, medical records, and witness statements, handle negotiations with insurance companies, and work to secure the maximum compensation for your losses.
After a wrongful death accident in Fresno, your first priority should be to ensure the safety of yourself and others, and to contact law enforcement if not already involved. Gather any information you can about the incident, including names and contact details of witnesses. If possible, take photos or videos of the scene and any relevant conditions. Finally, before giving statements to insurance adjusters, consult with a Fresno wrongful death attorney who can protect your rights and guide you through the legal process.
Yes. Under California’s pure comparative negligence system, you can still recover compensation even if the deceased shared some of the blame for the incident. However, your settlement may be reduced by the percentage of fault assigned to the deceased. For example, if the deceased was found 20% at fault, your compensation would be reduced by 20%. A lawyer can help minimize unfair fault claims and strengthen your case.
In California, including Fresno, the statute of limitations for most wrongful death lawsuits is two years from the date of death. Acting quickly is crucial to preserving evidence and protecting your right to pursue a claim.
Read what Fresno families have to say about their experiences with our compassionate and professional wrongful death attorneys.
Explore our Fresno-focused resources and blog posts for guidance on wrongful death claims and legal rights.
Navigating such legal processes might be daunting, but understanding the basics is the first step to obtaining compensation for your sudden loss. Fortunately for you, we’re here to help you out. We’ll guide you through the types of wrongful death claims and how to file them to help you be better prepared for the road ahead.
Navigating the intricacies of the California wrongful death law can be confusing without expert help. Read our blog to learn how to file a claim.
This infographic aims to make the road safer for everyone by highlighting the human elements behind road traffic accidents.
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RMD Law found an insurance code violation by the defense insurance company in a dog bite injury case. With smart lawyering, we used the violation to argue that the $100,000 policy limits no longer applied.
The insurance company wrongfully refused to pay our client the $100k policy limit in a rollover auto accident. RMD Law refused to take no for an answer, and filed a lawsuit alleging bad faith, ultimately winning millions for our deserving client.
Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
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Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He defended scores of depositions and understands what it takes to move a case in California.
Ariana Martin is one of RMD Law’s skilled personal injury lawyers. She brings a lot of legal experience to the table, having worked previously in the field of insurance defense.
