Our Compassionate, Skilled Legal Team Is Here to Help
Losing a loved one is always difficult, but when someone you love is taken from you through the negligence or wrongdoing of someone else, the pain can be especially sharp. If you believe negligence played a role, you and your family may be able to pursue a wrongful death claim—and our Fresno wrongful death lawyers at BD&J can help you understand your options. Contact us for a free consultation; our team is available 24/7 to help families in Fresno and Fresno County, including through our Fresno office.
Why Choose Our Fresno Wrongful Death Lawyers
At BD&J, we understand the pain of losing a loved one. Our firm is passionate about advocating for the rights of the wrongfully injured. With over 20 years of representing Californians and more than $3 billion recovered, BD&J brings the resources and experience your case may require.
When you work with our team, you can expect:
- No upfront legal fees: If your case is accepted, we handle it on a contingency fee basis, meaning you do not pay attorney fees unless we recover compensation for you.
- A free, confidential consultation: You can discuss what happened and get guidance on next steps without added pressure.
- Insurer and defense handling: We take over communications with insurance adjusters and defense counsel so you don’t have to.
- Thorough investigation and case-building: We work to identify all liable parties, preserve evidence, and prepare your claim as if it will go to trial.
- Firm credibility you can verify: Learn more about our team and approach on our About BD&J page.
Who Can Recover Compensation in a California Wrongful Death Case?
The wrongful death of a loved one can leave you and your family with large, unexpected expenses — not to mention the emotional cost. You may need compensation to cover funeral expenses, medical bills, future lost wages, and other future expenditures.
In California, the following parties may pursue compensation in a wrongful death lawsuit under California Code of Civil Procedure Section 377.60:
- A spouse or domestic partner
- Children
- Other persons who may qualify under the statute, which can include certain dependent stepchildren and certain dependent parents
- Heirs through intestate succession when applicable (Cal. Civ. Proc. Code § 377.60)
Common Causes of Wrongful Deaths
You can file a wrongful death suit with help from a wrongful death attorney for many reasons, but some of the most common causes include:
- Fatal vehicle collisions: For example, drunk-driving crashes, distracted driving, speeding, running red lights, or other negligent driving that causes a fatal wreck. If your loss involved a fatal crash, you can also speak with our Fresno car accident lawyers.
- Medical malpractice: For example, a misdiagnosis, surgical error, medication error, or a failure to treat a dangerous condition that leads to death.
- Defective or dangerous products: For example, a defective auto part, unsafe consumer product, or defective medical device. Our team also handles product liability matters when a dangerous product contributes to a fatal incident.
- Violent or criminal acts: For example, assault or other intentional misconduct that results in death.
- Workplace incidents: For example, unsafe worksite conditions, falls, crushing injuries, or other preventable hazards caused by negligent safety practices.
Work with an experienced attorney in Fresno to determine if your situation qualifies.
Determining Liability in a Wrongful Death Case
Depending on the circumstances of your case, there are many different parties who could be held liable for the death of your loved one. For example, in a car accident case, the other driver involved in the incident may be at fault. If your loved one was fatally injured by a defective medical device, the manufacturer of that device is likely liable. When you trust our lawyers at BD&J, we can use our legal skills and resources to investigate the circumstances of your loved one’s death in order to identify the responsible parties.
As part of that investigation, BD&J can work to gather key records (including reports and medical documentation), preserve photos and other time-sensitive evidence, secure witness statements when available, and consult outside experts when needed to help prove liability.
What Damages Are Available in a Wrongful Death Case?
In a wrongful death case, there are 3 different categories of damages that you and your family may pursue compensation for. Economic damages refer to the financial contribution lost through the death of one’s loved one. This may include your loved one’s projected future earnings and inheritance, as well as medical expenses incurred before death and funeral and burial costs.
Non-economic damages cover the human losses your family suffers, such as emotional suffering and the loss of care, guidance, and loss of companionship you would have received from your loved one. In some situations, additional damages may be available through a related survival action (which is different from a wrongful death claim). Any potential recovery of punitive damages is generally tied to that separate survival-action process and should be evaluated based on the facts and applicable law.
What Is the Difference Between a Wrongful Death Claim and a Criminal Case?
A criminal case is brought by the government and is intended to punish the defendant (for example, through jail, probation, or fines). A civil wrongful death claim is brought by you and your family and is intended to seek financial compensation for your losses. In many situations, both types of cases can exist at the same time, but they are separate, with different goals and different legal standards.
How to Get Started with BD&J
- Preserve what you can. Save medical bills, funeral and burial invoices, correspondence from insurers, photos or videos, and any incident reports you have access to.
- Schedule a free consultation. Contact BD&J to discuss what happened and learn whether you may have a wrongful death claim in Fresno County.
- Let BD&J investigate and handle communications. Once we’re involved, our team can begin investigating, gathering records, and communicating with insurers and other parties on your behalf.
Your Right to Just Compensation in a Wrongful Death Case
If your loved one was taken from you because of another person’s error or negligence, you may have a right to take legal action. Losing someone you loved and depended on can be extremely painful on both emotional and financial levels, which is why our firm wants to help. We will fight for your right to compensation on behalf of your deceased loved one, helping you gain justice and closure as you heal.
Frequently Asked Questions
Who can file a wrongful death claim in California?
California Code of Civil Procedure Section 377.60 identifies who may bring a wrongful death claim. This can include a spouse or domestic partner, children, and, in some circumstances, certain dependent stepchildren or parents, as well as other heirs through intestate succession when applicable (Cal. Civ. Proc. Code § 377.60).
How long do I have to file a wrongful death case in Fresno?
The statute of limitations varies by state, typically ranging between 1 and 3 years. In California, the general deadline is two years from the person’s death (Cal. Civ. Proc. Code § 335.1). There can be important exceptions, such as shorter deadlines and special procedures for claims involving government entities (see, e.g., Cal. Gov. Code § 911.2) and other special circumstances, so your lawyer can help you determine the deadline for your specific wrongful death claim.
What damages can I recover in a wrongful death case?
Depending on your situation, damages may include economic losses such as medical bills incurred before death, funeral and burial expenses, lost financial support, and lost household services. You may also be able to recover non-economic damages for losses like loss of companionship, loss of care and guidance, and emotional suffering.
Do I have to pay up front to hire a Fresno wrongful death lawyer?
BD&J offers a free consultation, and if your case is accepted, we typically represent clients on a contingency fee basis, meaning you do not pay attorney fees upfront.
What Evidence Is Needed to Prove Liability in a Wrongful Death?
Collecting as much evidence as possible helps prove your case. Examples include:
- Medical records
- Accident or incident reports
- Autopsy reports
- Death certificates
- Photos or videos
- Witness testimony
- Financial documents
Your attorney can help you collect the necessary evidence to solidify your case.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim is generally focused on your family’s losses after a loved one’s death. A survival action is a separate claim that may be brought on behalf of the deceased person’s estate based on losses the deceased person incurred before death. The two can sometimes be pursued together, depending on the facts and applicable California law.
To get started, contact our Fresno wrongful death attorneys to schedule your initial consultation.
