Sacramento Wrongful Death Attorney

A wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional misconduct of another party — including drivers, property owners, employers, product manufacturers, or medical providers. In California, the claim is governed by Code of Civil Procedure § 377.60, which gives eligible family members the right to seek compensation for their losses. If your loved one would have had a viable personal injury claim had they survived, you almost certainly have a wrongful death case worth evaluating.

California law limits who can file — primarily the surviving spouse or domestic partner, children, and grandchildren if no children survive. If the deceased had no spouse or children, parents and siblings may qualify. A putative spouse — someone who believed in good faith that a valid marriage existed — may also be eligible. We identify every eligible claimant at our first meeting because all qualifying parties must typically be included in a single action.

Under California Code of Civil Procedure § 335.1, you have two years from the date of death to file a wrongful death lawsuit. Missing this deadline almost always bars your claim permanently. There are narrow exceptions — for example, if a government entity such as the City of Sacramento or Caltrans bears responsibility, you must file a government tort claim within six months of the death before you can sue. We strongly recommend contacting us within the first few weeks so evidence is preserved and no deadline is missed.

Surviving family members can recover economic damages including lost financial support the deceased would have provided, the monetary value of household services and guidance, and funeral and burial expenses. You can also recover non-economic damages such as loss of love, companionship, comfort, and moral support. Unlike a survival action, California’s wrongful death statute does not allow family members to recover the deceased’s pain and suffering — but it does capture the full scope of what the family has lost going forward.

A wrongful death claim belongs to the surviving family members and compensates them for their own losses — financial support, companionship, and services they will no longer receive. A survival action, filed under CCP § 377.30, belongs to the estate and recovers damages the deceased personally suffered before dying — medical expenses, lost earnings, and pain and suffering between the accident and death. In many Sacramento cases, we file both claims simultaneously to maximize the total recovery available to the family and the estate.

California follows pure comparative fault, which means your family can still recover damages even if the deceased was partially responsible. The total compensation is simply reduced by their percentage of fault. For example, if the deceased was found 25 percent at fault in a collision on Interstate 80 near the Watt Avenue interchange and damages total $1,000,000, the family would still recover $750,000. Defense attorneys and insurers routinely exaggerate the victim’s fault to reduce payouts — we build the evidence to counter those arguments.

Absolutely. Criminal and civil cases operate under entirely different standards. Criminal prosecution requires proof beyond a reasonable doubt, while a civil wrongful death case only requires a preponderance of the evidence — meaning it is more likely than not that the defendant’s conduct caused the death. We have successfully resolved wrongful death cases where the responsible party was never charged criminally, and even cases where criminal charges were filed but resulted in acquittal.

We must establish four elements: the defendant owed the deceased a duty of care, they breached that duty through negligence or wrongful conduct, the breach caused the death, and the family suffered measurable damages. In practice, this means gathering the accident or incident report, medical and autopsy records, witness statements, surveillance footage, and expert testimony from accident reconstructionists, medical professionals, or safety engineers. Sacramento courts, including Sacramento Superior Court at 720 9th Street, see these cases regularly, and experienced preparation is the difference between a fair verdict and a lowball settlement.

Most Sacramento wrongful death cases settle within 12 to 24 months, though complex cases involving multiple defendants, disputed liability, or significant damages can take longer. Factors that affect the timeline include the completeness of medical and investigative records, the insurer’s willingness to negotiate in good faith, and whether the case proceeds through litigation. We move cases as efficiently as possible while never rushing to a settlement that undervalues your family’s loss.

We handle all wrongful death cases on a contingency fee basis — you pay nothing unless we recover compensation for your family. Our fee is a percentage of the settlement or verdict, and we advance all case expenses including expert witness fees, court filing costs, and investigation expenses. This means families who have just lost a loved one are never required to pay out of pocket to pursue justice. We explain the fee arrangement in full at your free consultation with no obligation to proceed.

Do not give a recorded statement to any insurance company before speaking with an attorney — adjusters are trained to minimize payouts. Preserve all physical evidence from the scene, the deceased’s personal belongings, and any communications from the responsible party. Obtain the police or incident report as soon as it is available, and keep records of every expense incurred, including funeral costs and time missed from work. Call us as soon as possible — evidence disappears quickly, and witness memories fade. We handle the investigation so your family can focus on grieving.

Insurance coverage is typically the primary source of compensation in wrongful death cases. Depending on how the death occurred, we may pursue the at-fault driver’s auto liability policy, a property owner’s homeowner or commercial liability policy, an employer’s commercial auto or general liability policy, or an underinsured/uninsured motorist policy if the responsible driver lacked adequate coverage. Sacramento’s urban and freeway corridors — including US-50, SR-99, and Business 80 — see significant commercial traffic, and trucking and commercial policies often carry limits of $1 million or more.

Claims against government entities — including the City of Sacramento, Sacramento County, Caltrans, or Sacramento Regional Transit — follow special rules under the California Government Claims Act. You must submit a formal government tort claim within six months of the death before filing suit, and failure to do so will bar your lawsuit entirely. We handle government wrongful death cases regularly, including deaths caused by dangerous road conditions on city-maintained streets, transit accidents, and law enforcement use of force.

Case value depends on factors including the deceased’s age, health, occupation, income, and the nature of their relationships with surviving family members. A parent of young children who earned $120,000 per year represents a very different financial loss than a retired individual with grown children. Non-economic damages for loss of companionship and guidance are also significant in California and are not capped in wrongful death cases. We work with forensic economists and life-care planners to quantify every element of your loss and prevent insurers from understating it.

Our free consultation is a confidential, no-obligation meeting where we review the facts of your loved one’s death, assess liability and damages, explain your legal options, and answer every question you have. Bring whatever documentation you have available — the death certificate, any accident or police report, medical records, insurance correspondence, and photos from the scene if you have them. If you have nothing yet, that is fine too — we obtain records ourselves. There is no pressure to retain us, and the consultation itself is completely free regardless of whether you decide to move forward.