Losing a loved one because of someone else’s carelessness turns grief into a fight for accountability. With a wrongful death attorney California families trust, we can carry that fight for you.
At Reiner & Frankel, LLP, we have spent over 40 years representing Northern California families after preventable deaths caused by car accidents, truck collisions, defective products, and dangerous property conditions.
Because our clients are our neighbors in Redding, Shasta County, and the surrounding communities, every wrongful death case we take on is personal and not just a file number.
Our attorneys investigate the accident, deal directly with the insurance company, and build your case toward trial from day one. Call (855) 248-5659 for a free, candid case review with a California wrongful death lawyer.
Why Northern California Families Choose Reiner & Frankel, LLP
Reiner & Frankel, LLP brings more than 150 years of combined legal experience among our attorneys, and we have recovered more than $600 million for clients across Northern California. Attorneys Russell Reiner, Richard Frankel, April Stratte, and Rick Lundblade have been recognized by Super Lawyers and Martindale-Hubbell while raising their families in the same communities they serve.
Results may vary. Prior case outcomes do not guarantee similar results.
Redding wrongful death claims can be investigated from our firm’s headquarters at 2851 Park Marina Drive, Suite 200. Our attorneys understand the importance of local evidence and may work with records from agencies such as the California Highway Patrol and medical providers such as Mercy Medical Center when those records are relevant to a claim.
We also represent clients on a contingency-fee basis, so you do not pay attorney fees until we recover damages for you. Call Reiner & Frankel, LLP at (855) 248-5659 for a free case review, and let a Redding wrongful death attorney explain your legal options in plain language.
What Qualifies as a Wrongful Death in California?
A wrongful death is a death caused by the wrongful act or neglect of another person or entity, and it gives surviving family members the right to pursue legal recovery through a civil claim. This covers a wide range of scenarios our firm handles regularly, including fatal collisions on roads like Interstate 5, deaths caused by defective products, and fatalities tied to dangerous property conditions. The underlying legal theory is usually negligence, though these claims can also arise from intentional acts or strict liability.
A wrongful death claim is not the same as a criminal case connected to the same incident, and it can move forward regardless of whether criminal charges are ever filed. As a California wrongful death law firm built on trial experience rather than volume settlements, we build these cases around two goals at once: recovering financial support for the family left behind, and holding the responsible party accountable in a way that can influence safety practices going forward.
If a preventable death has upended your family, call our office today for a free case evaluation.
Who Has Standing to File a California Wrongful Death Claim?
California law is specific about who has standing to file, and it generally starts with the decedent’s surviving spouse, domestic partner, children, and other close dependents. Getting this wrong can delay or derail an otherwise valid case, which is why our attorneys review standing carefully before a claim is ever filed. The state’s Code of Civil Procedure 377.60 lists the eligible claimants.
- Surviving spouse or registered domestic partner
- Children and the issue of deceased children
- Parents or other heirs under the intestate succession law
- Putative spouse, stepchildren, or parents who were financially dependent on the decedent
- A minor who lived in the decedent’s household for the 180 days before the death and depended on the decedent
This list reflects the general framework, though the facts of a particular family’s situation affect how it applies. Our wrongful death attorneys walk California families through that analysis during a free consultation.
In most cases, a surviving spouse, registered domestic partner, or child has the most direct path to standing and does not need to prove financial dependence. When there is no surviving spouse or child, the right to file generally passes to whoever would inherit under California’s intestate succession rules.
California law also recognizes households that fall outside a traditional structure, extending standing to stepchildren, dependent parents, and putative spouses who reasonably believed in good faith that their union was valid.
Determining exactly who qualifies can get complicated in blended families or long-term relationships that were never formalized through marriage or domestic partnership. Our office reviews each family’s specific circumstances before filing, so that every eligible claimant is included from the start rather than added later through a more difficult legal process.
Wrongful Death Damages in California
Once standing is established, families understandably want to know what a wrongful death claim can recover. Reiner & Frankel, LLP walks every client through this calculation in plain language.
CCP § 377.61 allows damages that are just under the circumstances of the case, which California courts have interpreted to include both economic and non-economic losses. These include the following:
Economic Losses After a Wrongful Death
Economic losses can include expenses and financial contributions that can be documented through records. Depending on the circumstances, these may involve funeral and burial expenses, lost financial support, and the value of household services the deceased would have continued to provide.
Employment records, tax returns, pay statements, business records, benefits information, and household financial documents may help establish these losses. The deceased’s age, occupation, earning history, expected career path, and responsibilities within the household can also be relevant.
Non-Economic Losses
A wrongful death can also create losses that do not come with an invoice or receipt. California law permits consideration of losses involving the decedent’s love, companionship, comfort, care, assistance, protection, and guidance when supported by the applicable law and evidence.
The relationship between the deceased and surviving family members may therefore become an important part of the case. Family testimony, photographs, correspondence, calendars, and other records can help show the nature of those relationships.
Putting a number on these losses is one of the most difficult parts of any wrongful death claim, since there is no chart or formula a jury is required to follow. Our attorneys can build this part of the case through detailed testimony from family members, friends, and sometimes grief counselors, so the jury understands the deceased as a whole person rather than a line item.
Calculating wrongful death damages in California is not a matter of applying one standard formula. Our investigation looks past the obvious expenses to document how the death changed the family’s financial circumstances and relationships.
If your family is trying to understand what a wrongful death claim may involve financially, contact our firm today for a free case review.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
Most families in California have two years from the date of death to commence a wrongful death action. However, the exact trigger date and any exceptions depend on the circumstances, based on the California Code of Civil Procedure § 335.1.
When a person survives for a period after a catastrophic injury before passing away, the timing can become more complicated. For example, a person who survives for months after suffering a severe brain injury may present different statute-of-limitations questions than someone who dies at the scene of a collision.
Medical malpractice wrongful death claims run on a different statute of limitations under California Code of Civil Procedure § 340.5. Claims involving a government entity, such as a public agency responsible for a dangerous road condition, must also satisfy California’s Government Claims Act, which generally requires a claim to be presented within six months.
Because these shorter deadlines are easy to miss, families who believe a government agency may share responsibility should contact Reiner & Frankel, LLP as soon as possible. Our attorneys can review the circumstances and identify the deadlines that may apply.
If you have questions about a potential filing deadline, call us at (855) 248-5659 for a free case review.
How Does Comparative Fault Affect a California Wrongful Death Claim?
California adopts a pure comparative negligence system, meaning a family may still recover damages even when the decedent partly bore the blame for the accident that caused the death. The applicable recovery is generally reduced according to the percentage of fault apportioned to the decedent rather than being barred altogether.
For example, if a jury determines that the decedent was 20 percent responsible for a collision, a damages award may generally be reduced by 20 percent. The specific allocation of fault depends on the evidence and circumstances of the case.
Comparative fault can become an important issue during negotiations because insurance companies may argue that the decedent contributed to the accident. Those arguments should be evaluated against the complete evidence rather than accepted at face value.
At Reiner & Frankel, LLP, our attorneys investigate the circumstances independently, including available CHP collision records, photographs, vehicle evidence, witness accounts, and other scene information. That investigation can help establish a more complete picture of how the accident happened and whether the proposed allocation of fault is supported by the evidence.
If comparative fault is being raised in your family’s claim, reach out to us at (855) 248-5659 to understand your options.
Redding Wrongful Death Claims: Local Representation Matters
Redding wrongful death claims can involve the same California statutes that apply elsewhere in the state, but the facts and evidence are often deeply local. For instance, a fatal collision may involve Interstate 5, Highway 299, local roads, the California Highway Patrol, or the Redding Police Department, depending on where the incident occurred.
Our Redding office at 2851 Park Marina Drive, Suite 200, provides a local point of contact for families in Shasta County and the surrounding communities.
Local familiarity matters when identifying which agency responded, what records exist, and where witnesses can be found.
Our goal is to take the burden of complicated legal procedures off your shoulders so you can focus on your family. If you need to discuss a wrongful death in Redding, Shasta County, or elsewhere in Northern California, do not hesitate to schedule a consultation today.
What Should You Do After Losing a Loved One?
After a wrongful death, families often have to make important decisions while coping with grief. There may be insurance communications, medical bills, funeral expenses, estate matters, employment concerns, and questions about what happened.
Preserve documents and other evidence connected to the death whenever possible. This may include police or CHP reports, photographs, medical records, death certificates, insurance correspondence, employment records, financial documents, funeral expenses, and communications concerning the incident.
Insurance representatives may also contact family members following a fatal accident. Before making significant statements or accepting a settlement, it can be useful to know the potential claims, the parties involved, and the damages that may be available.
The legal team at Reiner & Frankel, LLP can take over communications and investigate the circumstances while you focus on your family. Contact our compassionate attorneys today for a free, confidential case review.
FAQs: Wrongful Death Attorney California
These are questions Northern California families frequently ask that go beyond the basics covered above.
Can more than one family member file a wrongful death claim for the same death?
California generally requires that all eligible heirs join together in a single wrongful death action rather than filing separate lawsuits. If one eligible family member files without including others who also have standing, the excluded parties often have the right to be joined to the case. Courts favor this approach because it allows the full extent of the family’s loss to be resolved in one proceeding.
What happens if the at-fault party dies along with the victim?
If the responsible party also died in the same incident, a wrongful death claim can generally still be pursued against that person’s estate. This often involves filing a claim with the probate court handling the deceased defendant’s estate, in addition to or instead of a standard civil lawsuit. These cases can involve additional procedural steps and shorter deadlines tied to the probate process.
Does a wrongful death settlement get divided evenly among family members?
Division may not be equal among the beneficiaries, since California law does not require an equal split among all eligible claimants. Instead, the court typically apportions the settlement or verdict based on each person’s actual dependency on and relationship with the decedent. A surviving spouse and young children, for example, may receive a bigger share than an adult child who was not financially dependent on the decedent.
Can a California wrongful death claim proceed if the decedent did not have life insurance?
A CA wrongful death claim is entirely separate from any life insurance policy the decedent may have had. Life insurance proceeds are paid based on the policy’s named beneficiaries, while a wrongful death claim compensates specific family members for the losses caused by the negligent party. Families can pursue both at the same time without one affecting the other.
How long does a California wrongful death case take to resolve?
The timeline for resolving wrongful death cases varies based on the complexity of the case, whether liability is disputed, and whether the case settles or proceeds to trial. Some cases resolve within a year through negotiation, while others involving disputed fault or catastrophic damages can take considerably longer if they proceed toward trial. Reiner & Frankel, LLP prepares every case as though it may need to go before a jury, so that preparation often strengthens our position during settlement talks.
Is there a cap on wrongful death damages in California?
Unlike some states, California does not impose a strict cap on economic or non-economic damages in standard wrongful death cases. Only certain categories of cases, such as medical malpractice wrongful death claims, face a cap on non-economic damages, currently $650,000 and scheduled to rise each January under California’s phased increase. This is one of the reasons for retaining a wrongful death attorney that California claimants can turn to for a careful legal review of the specific facts.
Talk to a Wrongful Death Attorney California Residents Can Trust Today
Russel Reiner, California Wrongful Death Lawyer
A wrongful death case cannot change what happened, but it can address the consequences of a devastating loss. California law sets detailed rules on standing, damages, comparative fault, and filing deadlines, and the right approach depends on each family’s circumstances.
At Reiner & Frankel, LLP, we have represented Northern California families through this process for over 40 years. Call (855) 248-5659 to talk through what happened and what legal options may be available.