Clovis Wrongful Death Lawyer
The sudden loss of a family member changes your life permanently. When a tragic loss happens because of someone else’s negligence, intentional actions, or a defective product, the emotional toll can feel impossible to carry. Grieving families must deal with funeral costs and medical bills while facing a future without the financial support and companionship of their loved one.
During this painful time, you should not have to fight insurance companies or navigate a complex legal system alone. Our legal team at Tomassian, Pimentel & Shapazian provides compassionate legal representation and is completely dedicated to winning your case. We work to hold the responsible parties accountable so you can focus on healing.
Take Control of Your Family’s Future Today
You do not have to carry the heavy financial and emotional burden of a tragic loss by yourself. Contact Tomassian, Pimentel & Shapazian today to schedule a free consultation with an experienced Clovis wrongful death attorney. We handle these cases on a contingency basis, meaning you pay nothing upfront, and we only get paid if we secure financial compensation for you.
What Qualifies as a Wrongful Death Case in California?
Under California law, a wrongful death occurs when a person dies due to the wrongful act or neglect of another individual or entity. This legal claim is essentially a personal injury lawsuit that the deceased person would have been entitled to file if they had survived the accident.
Our law firm handles wrongful death claims arising from many different circumstances, including:
- Car accidents: Fatal accidents on busy local roads like Herndon Avenue, Shaw Avenue, or State Route 168 often involve distracted driving, speeding, or a driver’s negligence behind the wheel.
- Motorcycle accidents: Motorcyclists face extreme risks when drivers fail to check their blind spots or yield the right-of-way on Clovis streets.
- Medical malpractice: When healthcare professionals provide negligent care that falls below the accepted standard of medical care, the consequences can be fatal.
- Dangerous products: Manufacturers can be held responsible when a defective product malfunctions and causes a fatal injury.
To build a strong case, our legal team gathers evidence to prove that the defendant owed your loved one a duty of care, breached that duty through negligence or intentional wrongdoing, and directly caused the death.
Who Has the Legal Right to File a Wrongful Death Lawsuit?
California law strictly controls who can file a wrongful death lawsuit. According to the California Code of Civil Procedure Section 377.60, the right to seek compensation belongs to specific surviving family members or the personal representative of the deceased’s estate.
The law establishes a clear order of priority for who may bring a claim:
- The surviving spouse or registered domestic partner
- The children of the deceased person
- The issue of any deceased children (the grandchildren)
If the deceased person has no surviving spouse, domestic partner, or children, the law allows individuals who would inherit the property through intestate succession to file a suit. This can include the deceased’s parents or siblings. Additionally, stepchildren or parents may file if they can prove they were financially dependent on the deceased person at the time of death.
California also enforces the “one-action rule” for wrongful death suits. This legal rule requires all eligible heirs to join together in a single lawsuit against the responsible parties. This prevents defendants from facing multiple independent lawsuits for the same loss. Our lawyers ensure that all eligible family members are properly included so the legal process proceeds smoothly.
Understanding Potential Compensation: Economic vs. Non-Economic Damages
The purpose of a wrongful death claim is to provide financial support to the survivors and compensate them for the losses connected to the death. Financial compensation is divided into two main categories: economic damages and non-economic damages.
Economic Damages
Economic damages cover the measurable, objective financial losses caused by the tragic loss of your family member. These damages include:
- Funeral and burial costs: The immediate expenses required to lay your loved one to rest.
- Medical bills: The cost of any emergency medical care, surgeries, or hospital stays related to the final injury or illness before death.
- Lost income: The financial support, wages, and benefits the deceased person would have reasonably earned and contributed to the family during their expected lifetime.
- Household services: The monetary value of services the deceased provided, such as childcare, home maintenance, and vehicle repairs.
Non-Economic Damages
Non-Economic damages compensate surviving family members for the personal, intangible losses that lack a direct monetary value. While no amount of money can replace a human life, these damages acknowledge your profound grief and emotional suffering. They include compensation for the loss of:
- Companionship, comfort, and society
- Love, affection, and moral support
- Protection, care, and assistance
- Guidance and training for children
It is important to note that under traditional California wrongful death laws, families cannot recover punitive damages, which are meant to punish the wrongdoer. But a separate legal action called a survival action, filed under California Code of Civil Procedure Section 377.34 on behalf of the deceased’s estate, may allow for the recovery of other damages. This includes the deceased person’s pre-death pain, suffering, or disfigurement, depending on the specific timing and circumstances of the case. Our legal team will analyze your situation to determine the correct strategy for your family.
Strict Time Limits for Filing a Claim in Clovis
When dealing with the emotional impact of a loss, legal deadlines are often the last thing on your mind. Even so, you must act quickly to protect your legal rights. The statute of limitations establishes a strict timeline for filing a lawsuit.
Under California Code of Civil Procedure Section 335.1, the standard statute of limitations for a wrongful death claim is two years from the date of the person’s death. If you fail to file a lawsuit within this two-year window, the court will almost certainly dismiss your case, and you will permanently lose your right to seek justice.
There are serious exceptions to this general rule that can shorten your time to act:
- Claims against government entities: If the fatal accident involved a city-owned vehicle, a dangerous public roadway maintained by the City of Clovis, or a public entity, you must file a formal administrative claim within six months of the date of death under California Government Code Section 911.2.
- Medical malpractice: If a healthcare provider’s negligent care caused the death, the timeline is generally governed by California Code of Civil Procedure Section 340.5, which requires filing within one year of discovering the injury or three years from the date of the injury, whichever comes first.
Because resolving insurance issues and investigating complex fatal accidents takes time, contacting a Clovis wrongful death attorney immediately ensures your family misses no critical legal deadlines.
How Our Legal Team Builds a Strong Case for You
Dealing with insurance adjusters while grieving is overwhelming. Insurance companies frequently try to minimize payouts to protect their profits, sometimes blaming the deceased person or downplaying the emotional impact on the family.
When you trust Tomassian, Pimentel & Shapazian with your case, our legal team takes over all administrative and legal burdens so you can feel confident. We build a strong case by:
- Investigating the accident: We collect police reports, review surveillance video, interview witnesses, and examine physical evidence from the scene.
- Reconstructing the scene: When liability is contested in car or motorcycle accidents, we collaborate with accident reconstruction specialists to prove exactly how the other party’s negligence caused the crash.
- Analyzing medical evidence: In cases involving medical malpractice or long hospital stays before a passing, we review extensive medical records to establish the clear link between the negligent care and the final cause of death.
- Calculating full financial losses: We work with economic experts to calculate the true value of lost income, future benefits, and household services over your loved one’s projected working life, ensuring we demand fair compensation.
Seek Justice with an Experienced Clovis Wrongful Death Lawyer
Tomassian, Pimentel & Shapazian was founded in 1992 by three dedicated litigation lawyers with deep roots in our local community. For over 30 years, our team has focused heavily on personal injury claims, helping injured individuals and grieving families throughout Central California, including Fresno, Madera, Tulare, and Kings counties, recover wrongful death compensation.
With more than 75 years of combined legal experience, partners Gerald M. Tomassian, Paul J. Pimentel, and Larry H. Shapazian understand how the local court systems operate and how to counter the tactics of major insurance providers. We know that no legal action can undo your tragic loss, but securing financial stability allows your family the space to breathe, remember, and move forward.
We represent clients with deep compassion, but we remain aggressive advocates inside and outside the courtroom. Let us handle the legal system while you focus on your family.
Call Tomassian, Pimentel & Shapazian today at (559) 545 -0383 or contact us online to schedule your initial free consultation. Let our 75 years of combined experience provide the strong, compassionate legal representation you need to win your case.
