Wrongful Death Attorney Madera

Seeking Justice for Families Suffering the Tragic Loss of a Loved One

If you have lost a loved one through the negligence or wrongdoing of another, no recovery can ever compensate you for your loss. A wrongful death claim can allow close family to seek justice and compensation. After the tragic death of a loved one, those left behind are devastated, which can be made worse due to financial hardship. At Tomassian, Pimentel & Shapazian, we understand the pain families endure after a wrongful death. Our Madera wrongful death attorneys are here to help you hold responsible parties accountable and pursue the compensation you need to move forward.

What Is Wrongful Death?

In a legal context, wrongful death is a claim brought when a person dies because of the negligent, reckless, or intentional actions of another person or entity. The purpose of this type of lawsuit is to provide surviving family members with compensation for their losses due to the untimely death of their loved one. Unlike criminal charges, wrongful death claims are civil lawsuits filed by the family or estate of the deceased. Rather than criminal punishments, such as imprisonment or fines, these claims seek monetary damages.

What Are Some Common Causes of Wrongful Death?

Like other cities, Madera is not immune to tragedies caused by negligence. The following are among the most common causes of wrongful death in the area:

Car accidents: Drivers who are distracted, impaired, speeding, or fail to obey traffic rules can cause fatal collisions.
Truck accidents: Passenger vehicle occupants are vulnerable to catastrophic or fatal injuries in a collision with an 80,000 lb. semi tractor-trailer.
Motorcycle crashes: Motorcycles are smaller, less stable, and less visible than four-wheeled passenger vehicles. Driver negligence is a leading cause of fatal motorcycle accidents.
Pedestrian accidents: When drivers are distracted, intoxicated, or inattentive near crosswalks or school zones, or when they fail to yield, pedestrians can suffer fatal injuries.
Workplace accidents: Unsafe workplace conditions, including defective equipment and lack of training, can lead to fatal accidents on the job.
Slip and falls: Property owners in California have a legal duty to maintain their premises in a reasonably safe condition for visitors. When they fail to do so, fatal slip or trip and fall accidents can occur.
Medical malpractice: Medical error is a leading cause of injury and death in California and throughout the U.S. Misdiagnoses, medication mistakes, and surgical errors can have fatal consequences.
Drowning accidents: Fatal drowning incidents can occur when property owners fail to secure their pools, provide proper supervision, or comply with safety regulations.
Dog bites: Young children and the elderly are particularly vulnerable when dogs bite. A severe attack can lead to fatal injuries.

Who Can File a Wrongful Death Lawsuit in California?

Under Section 377.60 of the California Code of Civil Procedure, only certain individuals have the right to bring a wrongful death claim. These include the surviving spouse or domestic partner and the surviving children of the deceased. If they left no surviving spouse or children, others who would be entitled to inherit under intestate succession laws, such as parents, siblings, or stepchildren, may file. Our Madera wrongful death lawyer can help you determine your eligibility to file a wrongful death claim in California.

What Damages Are Available in Wrongful Death Cases?

A wrongful death lawsuit can help ease the financial burden when a loved one is lost. In California, surviving family members are entitled to seek both economic and non-economic damages, including the following:

Economic Damages

Funeral and burial expenses
Property damage
Medical expenses related to the final injury or illness of the deceased
Loss of financial support that the deceased would have provided

Non-Economic Damages

Pain and suffering, past and future
Mental anguish and distress
Loss of companionship, love, and support
Loss of guidance and mentorship
Loss of intimacy for a surviving spouse or partner

What Is the Time Limit for Filing a Wrongful Death Claim?

The statute of limitations, a time limit imposed by law, allows the close family to file a death action within two years of the date of death. When wrongful death is caused by medical malpractice, you have three years from the date of injury, or one year after the injury was discovered or should have been discovered with reasonable diligence, whichever comes first. If a government entity is a potentially liable party, you must file an administrative claim within six months of the incident. Speak with an experienced Madera wrongful death lawyer to determine the applicable deadlines and protect your right to compensation.

FAQs: Wrongful Death in California

Can I File a Wrongful Death Lawsuit If the Responsible Party Is Facing Criminal Charges for the Same Incident?

Yes, there may be both a criminal case brought by the state and a civil action brought by surviving family members against the party responsible for a person’s death. The O.J. Simpson trials are a famous example. The outcome of one case does not necessarily determine the outcome of the other.

You can file a wrongful death claim if criminal charges are pending, or even if the defendant was acquitted. While the burden of proof in criminal cases is “beyond a reasonable doubt,” in civil cases, it is “by a preponderance of the evidence,” a lower standard to meet.

What If My Loved One Was Partially At Fault for the Accident?

California follows a pure comparative fault rule for personal injury, including wrongful death claims. Even a victim who is 99% responsible for the incident may still be able to collect some damages. When the plaintiff is assigned a percentage of fault for the accident, the compensation is reduced accordingly. For example, if the injured party is awarded $1,000,000 in damages but assigned 25% of fault for the incident, they will receive $750,000.

What Is a Survival Action and How Does It Differ From a Wrongful Death Claim?

Under the California Code of Civil Procedure Section 377.30, a survival action is a cause of action that survives the death of a person. The decedent’s (the individual who passed away) estate sues for damages the decedent could have claimed had they lived. A wrongful death lawsuit could be brought by the personal representative of the estate or by certain heirs. This representative is often the executor named in the will, but it could also be a lawyer, accountant, family member, or close friend. A survival action allows the estate to recover damages the decedent could have recovered had they survived, which may include medical expenses, lost wages, and pain and suffering before death. In a wrongful death claim, damages may be sought for the beneficiaries of the deceased, such as loss of financial support and loss of companionship. Wrongful death actions and survival actions can be brought separately or combined.

How Is Compensation in a Wrongful Death Case Divided Among Family Members?

If the deceased left multiple heirs, such as a spouse and children, the heirs may agree on the distribution. If they cannot agree, the court will determine how the settlement or award is divided based on the relationship to the deceased and the financial independence of each heir.

Does California Set a Cap on Wrongful Death Damages?

In most cases, there is no damages cap for wrongful death claims in California. Surviving family members are entitled to seek full compensation for economic and non-economic losses. The exception is wrongful death claims caused by medical malpractice. These damages are capped at $600,000 as of 2025, although the cap is scheduled to increase by $50,000 on January 1 each year until it reaches $1,000,000.

Do I Need an Attorney for a Wrongful Death Claim in Madera?

While you are not required to hire an attorney, your best chance of obtaining the most favorable outcome is ensuring an experienced lawyer handles your case. Wrongful death cases can be complex and emotionally draining, and insurance companies will try to minimize their payouts.

At Tomassian, Pimentel & Shapazian, we bring legal skills, experience, and compassion to every case we handle. Our attorneys have been awarded membership in the Million Dollar and Multi-Million Dollar Advocates Forums and named among California Super Lawyers®. If you have lost a loved one through the fault of another, call us at (559)-545-0383 to speak with a Madera wrongful death attorney.