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Wrongful Death Lawsuits in California: Who Can File and What to Expect
Frank Penney • May 2, 2025
Losing a loved one due to someone else’s negligence or reckless actions is devastating—and unfortunately, it happens more often than most people realize. If you're searching for answers about wrongful death lawsuits in California, especially in the Sacramento area, you’re not alone. Understanding your legal rights during such a difficult time can make all the difference in holding the responsible party accountable and securing the financial support your family may need.
What Is a Wrongful Death Lawsuit in California?
Under California wrongful death law, a wrongful death occurs when a person dies as a result of someone else’s negligence, recklessness, or intentional actions. These cases commonly arise from:
- Car accidents and motorcycle accidents
- Truck accidents involving commercial vehicles
- Pedestrian accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Criminal acts such as assault or homicide
In Sacramento and across California, a wrongful death lawsuit is a civil action, separate from any criminal charges that may be filed.
Who Can File a Wrongful Death Claim in California?
California law (Code of Civil Procedure § 377.60) limits who can file a wrongful death claim. The following people are typically eligible:
- The surviving spouse or domestic partner
- Children of the deceased
- Grandchildren (if the children are deceased)
- If there are no surviving family members in the deceased’s direct line, others who would be entitled to inherit under California’s laws of intestate succession (such as parents or siblings) may file.
In some cases, people who were financially dependent on the deceased—such as stepchildren or putative spouses—may also be eligible to bring a claim.
What Damages Can Be Recovered in a Wrongful Death Case?
Wrongful death claims in California may seek compensation for both economic and non-economic damages, including:
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of companionship, love, and affection
- Loss of household services
- Medical expenses incurred prior to death (via a survival action)
In Sacramento wrongful death cases involving egregious negligence—like DUI crashes or distracted driving—your attorney may also explore whether punitive damages could apply.
Why You Need a Sacramento Wrongful Death Attorney
Wrongful death claims are legally complex and emotionally charged. Proving fault, calculating damages, and dealing with insurance companies can quickly become overwhelming for grieving families. A skilled Sacramento wrongful death lawyer will:
- Investigate the cause of death thoroughly
- Gather key evidence like police reports, medical records, and witness statements
- Work with experts to determine long-term financial losses
- Negotiate aggressively with insurance companies
- File a lawsuit if a fair settlement isn’t offered
At Frank Penney Injury Law, we understand that no amount of money can replace your loved one. But we also believe in fighting for justice—and making sure families get the compensation they deserve.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
In California, the statute of limitations for wrongful death claims is generally two years from the date of death. If you miss this deadline, your case may be dismissed entirely. That’s why it’s crucial to speak with an experienced attorney as soon as possible.Contact a Trusted Sacramento Wrongful Death AttorneyWith over 25 years of experience and more than 6,000 cases handled, Frank Penney Injury Law is one of Sacramento’s most respected names in personal injury and wrongful death litigation. We’ve recovered nearly $500 million for our clients and are committed to standing beside families when they need it most.If you’ve lost a loved one due to someone else’s negligence, visit www.penneylaw.com or call us for a free consultation.Remember, You Can Bank on Frank!
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When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!
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