Helping Families Seek Justice After a Preventable Death

California allows surviving family members to take legal action when a loved one dies because of someone’s else’s misconduct. This includes another’s negligence, reckless behavior, or intentional act. If your family member’s death should have been prevented, pursuing a wrongful death case can help you hold the at-fault party accountable for their misdeeds, and financially liable for your damages.

At Drake Law Firm, our Fresno wrongful death lawyers are available to speak with families about potential claims and how we can help them fight for justice and a financial recovery.

Drake Law Firm: Millions Recovered for Clients

Drake Law Firm is an award-winning law firm that focuses on personal injury and civil wrongful death cases. Our caring attorneys, paralegals, and support staff make it their mission to help good people through tough times and leverage extensive experience to handle the toughest claims.

Why choose Drake Law Firm?

• We have recovered over $150 million in compensation for victims.
• Our attorneys and staff have more than 100 years of collective experience.
• We make personal attention and client satisfaction top priorities.
• We do not charge up-front fees and collect no fee unless we win. 

Let our Fresno lawyers review your wrongful death case during a FREE consultation. We serve clients throughout the San Joaquin Valley and California from multiple locations.

How Do Wrongful Death Lawsuits Work?

Wrongful death cases are handled in the civil justice system and are separate from criminal cases. They focus on determining fault for a person’s death and liability for the resulting damages. 

Civil wrongful death cases do not decide if a defendant is guilty of a crime. In fact, they can be brought even when at-fault parties are found innocent in criminal proceedings or never charged with a crime. 

In California, wrongful death cases usually involve two separate claims for the same incident:

• Wrongful death lawsuit: Wrongful death lawsuits can be brought by surviving family members (including surviving spouses, domestic partners, children, grandchildren, or other relatives) who seek compensation for damages they incurred because of their loved one’s death.
• Survival action: As separate civil claims that commonly accompany wrongful death suits, survival actions are brought on behalf of the victim’s estate for damages the victim would have been entitled to recover had they survived, such as medical bills incurred after an accident.

Generally, families will pursue wrongful death actions against parties whom they allege are responsible for the negligent or wrongful acts that caused their loved one’s death. These acts can take many forms and involve many types of accidents, including:

• Preventable car accidents
• Construction accidents
• Nursing home abuse or neglect
• Medical malpractice
• Physical assault / murder

In some cases, families may hold individuals or entities liable for wrongful death under strict liability. In California, strict liability can apply to dog bites or animal attacks and defective products.

Recoverable Damages in Wrongful Death Cases

Wrongful death lawsuits can provide financial compensation for damages incurred because of their loved one’s death. Examples of recoverable damages include:

• Funeral and burial services
• Lost financial support (based on life expectancy)
• Loss of benefits or gifts heirs would have received 
• The value of household services a victim would have provided
• Loss of companionship, consortium, and emotional support

When applicable, survival actions can provide additional compensation to account for damages incurred by a decedent after their accident and prior to their death. Examples include hospital bills, lost income, property damage, and, in some cases, punitive damages. 

The Statute of Limitations in Wrongful Death Claims

Grieving families have a lot on their plates following an unexpected loss. However, it is important to remember that California imposes a statute of limitations on wrongful death lawsuits and survival actions. The statute of limitations is a time deadline by which claims must be filed. If the statute of limitations expires, families will be barred from bringing claims for compensation. 

Generally, the statute of limitations is:

• Two years from the date of death for wrongful death claims.
• Two years from either the (a) date of injury or (b) six months after the date of death, whichever is later, for survival actions.

Many factors can change what the statute of limitations looks like in a case. Families with potential claims should reach out to an attorney as soon as possible to ensure time for needed investigations and that they file claims within the statutory window.

Protect Your Right to Justice. Call 844-513-7253

Drake Law Firm is passionate about guiding families through their legal journeys. Our Fresno attorneys are available to speak with families across Fresno County, the Central Valley, and beyond about wrongful death claims and how we can help. Call or contact us online to request a FREE case review