Wrongful Death Attorney Near Me in Fresno

Losing a loved one is always heartbreaking—but when that loss is the result of someone else’s negligence or recklessness, the pain is even harder to bear. Whether it was a fatal car crash, a workplace accident, or a medical mistake, these tragic events leave families in Fresno struggling not only with grief, but also with unanswered questions and a sudden wave of legal and financial burdens.

During such an overwhelming time, it’s important to understand that you and your family have legal rights. California law allows certain surviving family members to pursue a wrongful death claim—a civil lawsuit aimed at holding the responsible party accountable and securing compensation for the damages left behind.

At Tim Wright Law, we’re here to help you seek justice with dignity and strength. We understand that no amount of money can replace a loved one, but a successful wrongful death claim can provide financial security, peace of mind, and a sense of accountability for those responsible.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies as a result of someone else’s negligent, reckless, or intentional act. In California, this legal action is governed by California Code of Civil Procedure § 377.60, which outlines who can file a claim and what types of damages can be recovered.

Civil Case vs. Criminal Case: What’s the Difference?

It’s important to understand that a wrongful death claim is not the same as a criminal case. While the state may file criminal charges (such as DUI or manslaughter) against the person responsible, a wrongful death lawsuit is filed separately in civil court by the family.

• Criminal case: Seeks punishment (e.g., jail, fines) for breaking the law.
• Civil wrongful death claim: Seeks financial compensation for the victim’s family.

Even if the responsible party isn’t criminally charged or is found not guilty, you may still be able to win compensation through a civil wrongful death lawsuit.

Who Can File a Wrongful Death Claim in California?

Under California law, the following individuals are eligible to bring a wrongful death claim:

• The spouse or registered domestic partner of the deceased
• The children of the deceased
• If none of the above survive, anyone who would be entitled to the deceased’s estate, such as parents, stepchildren, or financially dependent relatives

In California, the standard statute of limitations for wrongful death claims is 2 years from the date of death. However, when a public agency is involved, you must file a claim within 6 months.

Who Can Be Held Liable for a Wrongful Death in Fresno?

Negligent Drivers or Vehicle Owners

Fatal accidents involving cars, trucks, motorcycles, or pedestrians are among the leading causes of wrongful death in California. Liability typically falls on:

• Drivers who were speeding, texting, intoxicated, or otherwise careless
• Vehicle owners who negligently entrusted their car to an unsafe driver
• Commercial operators (like delivery vans, rideshare drivers, or trucking companies) who failed to train or monitor their employees

When a driver causes a deadly crash due to reckless or negligent behavior, the family of the deceased can pursue a civil wrongful death claim, even if criminal charges are filed separately.

Employers (Work-Related Deaths)

If someone dies in a workplace accident—especially in construction, agriculture, warehousing, or manufacturing—the employer or another responsible party may be liable. While California workers’ compensation law offers death benefits to surviving family members, these are often limited and not sufficient for long-term support.

In some cases, additional parties may be sued outside the workers’ comp system, such as:

• Third-party contractors or subcontractors
• Equipment manufacturers (if faulty tools or machinery were involved)
• Property owners who failed to provide a safe work environment

These types of claims require a thorough investigation into jobsite safety violations, OSHA compliance, and potential negligence beyond the employer.

Product Manufacturers and Distributors

If a dangerous or defective product causes a fatality—such as a malfunctioning car part, an unsafe drug or medical device, or a home appliance that caused a fire—the entire chain of distribution may be held liable under California’s product liability laws.

Wrongful death lawsuits can be filed against:

• The manufacturer of the defective product
• The distributor or supplier
• The retailer or installer, if the product was sold or used improperly

These complex cases often require engineering experts or medical professionals to prove the product defect and link it to the fatality.

Property Owners and Managers

If a person dies due to a hazardous condition on someone else’s property, a premises liability claim may be appropriate. This could include:

• Slips and falls in poorly lit stairwells or common areas
• Drowning in unguarded pools
• Fatal injuries from fires, electrocution, or falling objects
• Criminal assaults enabled by inadequate security

Landlords, homeowners, business operators, or property management companies can be held accountable if they failed to maintain safe conditions or ignored known risks.

Government Entities (City, County, or State Agencies)

When a public entity’s negligence causes or contributes to a death, it may be held liable—although the process is different from suing a private party. Common government-related causes of wrongful death include:

• Poorly designed or maintained roads and intersections
• Lack of traffic signs or lighting
• Defective sidewalks or crosswalks
• Negligent city-run facilities (like jails, public housing, or hospitals)

In these cases, claims must be filed under the California Government Claims Act, which gives only six months from the date of death to initiate the legal process. Missing this deadline could forfeit your family’s right to seek compensation.

Proving Negligence in a Wrongful Death Case

The Four Legal Elements of Negligence

California law requires plaintiffs to prove these four elements to hold a person, company, or entity liable:

1. Duty of Care
   The defendant had a legal obligation to act with reasonable care toward the deceased. For example, drivers must operate vehicles safely, employers must provide safe workplaces, and doctors must follow professional standards of care.
2. Breach of Duty
   The defendant failed to meet that obligation—through reckless actions, neglect, or omission. This could be a speeding driver, a poorly maintained property, or a defective product.
3. Causation
   The breach of duty was the direct cause of the fatal injury. It must be shown that the death would not have occurred but for the defendant’s actions or failure to act.
4. Damages
   The surviving family members suffered measurable losses as a result of the death. These can include funeral expenses, lost financial support, emotional distress, and loss of companionship.

The Importance of Gathering Strong Evidence

Proving negligence isn’t just about what happened—it’s about proving it happened in a way that meets legal standards. Key types of evidence include:

• Police or accident reports detailing the incident
• Medical records and autopsy findings
• Witness statements from people who saw the event or knew of prior hazards
• Expert testimony, such as accident reconstruction specialists, doctors, or engineers
• Photos, surveillance footage, or body cam video that captures the scene
• Employment or maintenance logs (in cases involving work-related or property incidents)

Damages Available in a California Wrongful Death Claim

Economic Damages

These are measurable, out-of-pocket financial losses that directly result from the death. They include:

• Funeral and burial expenses
  Costs for services, cremation, cemetery plots, transportation, and related arrangements.
• Loss of financial support
  The income, wages, or salary the deceased would have provided to their dependents over time.
• Loss of household services
  The value of tasks the deceased performed, such as childcare, home maintenance, or elder care.

Non-Economic Damages

These reflect the emotional and personal impact of losing a loved one, which can’t be easily measured but are equally important under the law. They include:

• Loss of companionship and affection
  The emotional void left by a spouse, partner, parent, or child.
• Loss of guidance and moral support
  Especially relevant in cases involving minor children who have lost a parent, or parents who have lost adult children.
• Emotional suffering and grief
  While California does not award damages for grief itself in all cases, the loss of love, care, and society is a significant factor.

Special Considerations for Minor Children and Elderly Dependents

When the deceased leaves behind:

• Young children, courts consider the long-term need for emotional guidance, care, and financial support throughout childhood and into adulthood.
• Elderly or disabled dependents, the loss of a caretaker may include future costs of replacement care or increased medical needs.

Don’t Wait to Seek Justice—Let Tim Wright Law Help

Losing someone you love due to another’s negligence is one of life’s most devastating experiences. While no legal action can undo the pain or bring your loved one back, pursuing a wrongful death claim can provide accountability, closure, and financial stability for your family’s future.

Wrongful death cases are complex, emotional, and time-sensitive. That’s why you need an attorney who is not only skilled in California wrongful death law but also compassionate and committed to your cause.

At Tim Wright Law, we stand beside grieving families across Fresno and beyond—offering trusted legal guidance, aggressive representation, and no fees unless we win your case. We’ll help you understand your rights, investigate the facts, and fight for the justice your loved one deserves.

Contact Us Today for a Free, No-Obligation Case Review

You don’t have to go through this alone. Let us help you take the next step forward.

📍 Office Address:
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506

📞 Call: (323) 379-9995
📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com

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