Redding Wrongful Death LawyerYour Trusted Wrongful Death Attorney
When negligence, recklessness, or wrongdoing caused a loved one's death, California law lets your family seek accountability and financial support. Our wrongful death attorneys handle these cases with the gravity and compassion they deserve. Our law firm serves Redding and Shasta County.
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Understanding Your RightsWhat Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies as a result of another party's negligence, recklessness, or intentional misconduct. Unlike criminal proceedings, in which the government pursues separately, a wrongful death action is your family's own civil claim for accountability and compensation.
California recognizes that a preventable death causes two distinct kinds of harm: the losses suffered by surviving family members, and the losses suffered by the person who died before passing. The law provides a separate legal vehicle for each, and both may be pursued together in a single proceeding.
A successful wrongful death case cannot bring back your loved one. What it can do is hold the responsible party financially accountable, prevent the same negligence from harming another family, and provide your family with the financial foundation to rebuild, covering lost income, the practical support your loved one provided, and the profound personal losses of companionship, guidance, and love.
Wrongful Death Action
CCP § 377.60 — Losses to Surviving Family: This claim belongs to the surviving heirs (spouse, children, dependents) and compensates them for the losses they personally suffered due to the death: lost financial support, lost companionship, lost household services, and the grief of losing a parent, partner, or provider. This is not the estate's claim — it is the family's claim, brought in their own names for their own losses.
Filed by: Surviving heirs (spouse, children, dependents)
Survivor Action
CCP § 377.30 — Losses Suffered by the Deceased: This claim belongs to the decedent's estate and compensates for losses the deceased person personally suffered before death: medical expenses incurred before passing, lost earnings from the date of injury to death, and property damage. A survivor action recovers what the decedent would have sued for had they survived. It is separate from the wrongful death claim and can include punitive damages in egregious cases.
Filed by: Estate's personal representative or successor in interest
Common Causes of Wrongful Deaths
Common causes of wrongful deaths include car accidents, workplace injuries, medical malpractice, and slip-and-fall accidents. These incidents are often caused by negligence, leaving families with lasting emotional, financial, and legal challenges.
Fatal Motor Vehicle Accidents
Deadly crashes on I-5, Hwy 36, Hwy 299, and North State roads caused by negligent, impaired, or distracted drivers. Trucking fatalities involving commercial carriers on major freight corridors are particularly common.
Workplace Fatalities
Fatal construction accidents, falls from elevation, and industrial incidents. Families may pursue wrongful death claims against third parties in addition to workers' compensation benefits.
Premises Liability Deaths
Fatal falls from unsafe heights, drowning in unsecured pools or waterways, structural collapses, and fires caused by negligent property owners or managers are all actionable under wrongful death law.
Elder Abuse & Neglect
Deaths resulting from neglect, medication errors, untreated pressure sores, or abuse in care facilities. California's Elder Abuse Act may allow recovery of attorney's fees and punitive damages.
Medical Malpractice
Surgical errors, misdiagnosis, anesthesia complications, and failure to treat emergency conditions at hospitals or other facilities can produce wrongful death claims governed by specific MICRA rules.
Defective Products
Deaths caused by defective vehicles, medical devices, consumer products, or faulty equipment. Product liability claims can be brought against manufacturers, distributors, and retailers under strict liability.
What to do after a Wrongful DeathSteps That Protect Your Claim
Grieving families should not have to manage legal complexities in the immediate aftermath of a loss. We take that burden from you, but there are steps that help protect your family's rights while you focus on what matters most.
01
Obtain Documents
Request certified copies of the death certificate and any police or accident report from the relevant agency. These documents begin the evidence chain.
02
Preserve evidence
Do not repair or dispose of any vehicle, product, or property involved. Preserve all clothing, photos, and communications related to the event.
03
Gather Financials
Collect pay stubs, tax returns, employment records, and benefit statements of your loved one's earnings and financial contributions to the household.
04
Contact an attorney
Insurance companies representing the responsible party will contact you quickly. Do not give recorded statements or sign anything before speaking with an attorney.
California's two-year deadline begins on the date of death, not when you decide to pursue a claim. For deaths caused by government negligence, a government tort claim must be filed within six months. For deaths caused by medical malpractice, different timelines may apply. We monitor all deadlines, file all required pre-suit claims, and ensure your family's rights are protected from day one.
Your CompensationTypes of Compensation in Wrongful Death Cases
California wrongful death law recognizes both the financial and profoundly personal losses a family suffers. Together, the wrongful death and survivor actions allow recovery of the full scope of what your loved one's life was worth — economically, practically, and personally.
Wrongful Death Damages (§ 377.61)
Loss of financial support the deceased provided
Lost gifts, benefits & inheritance family expected
Value of household services and childcare
Loss of love, companionship and affection
Loss of parental guidance and education
Loss of consortium for surviving spouse
Funeral, burial, and memorial expenses
Loss of moral support & society
Survivor Action Damages (§ 377.30)
Medical expenses from injury to time of death
Lost income from injury date to date of death
Property damage sustained by the deceased
Punitive damages for malice, fraud, or oppression
Burial costs (not claimed in wrongful-death suit)
How the value of a wrongful death case is calculated
Wrongful death damages are evaluated by considering what the deceased would have earned over their remaining working life, calculated using their pre-injury income, career trajectory, education, and age, plus the monetary value of the services they provided to their family. An economic expert translates these projections into a present-value figure that accounts for inflation and life expectancy.
Non-economic damages, loss of companionship, guidance, love, and consortium, are not capped in most California wrongful death cases. These are deeply personal losses that a jury is asked to put a number on, and how they are presented at trial or in mediation significantly affects the outcome. We work with family members, close friends, and experts to build a complete human portrait of your loved one's life and what their absence means.
In cases involving egregious conduct, a drunk driver, a nursing home that ignored known dangers, a company that concealed a product defect, punitive damages under Civil Code § 3294 may be available through the survivor action, dramatically increasing total case value.
Frequently Asked QuestionsWrongful Death Questions
These answers reflect California law as it applies generally to wrongful death claims. Because every family's situation is different, we encourage you to speak with us directly.
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The timeline depends heavily on the complexity of the case and whether the liable party cooperates. Cases involving clear liability and adequate insurance coverage may settle in six to eighteen months. More complex cases, involving multiple defendants, disputed liability, government entities, or medical malpractice, often take two to four years, especially if the case goes to trial. We keep your family informed throughout the process and work as efficiently as possible, but we will never rush a settlement that undervalues your loss. Our goal is the right outcome, not the fastest one.
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Yes, and frequently both proceedings happen simultaneously. A criminal prosecution and a civil wrongful death lawsuit are entirely separate legal actions with different standards of proof. Criminal cases require proof "beyond a reasonable doubt"; civil cases require only a "preponderance of the evidence" meaning it is more likely than not that the defendant's conduct caused the death. A defendant who is acquitted criminally can still be held liable in a civil wrongful death case. The O.J. Simpson civil verdict is the most well-known example of this distinction. We can file your family's civil claim independent of and alongside any criminal proceedings.
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California's pure comparative fault rules apply to wrongful death cases. If the deceased was partially at fault. For example, a driver who was speeding but was killed by another driver who ran a red light, the family's recovery is reduced by the decedent's percentage of fault, but is not eliminated. Insurance companies routinely attempt to inflate the decedent's share of fault to reduce what they pay surviving families. We counter these arguments with accident reconstruction evidence, witness testimony, and expert analysis of the circumstances.
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Yes, significantly. Deaths resulting from elder abuse or neglect in California care facilities are governed by the California Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code § 15657). This law provides remedies beyond ordinary wrongful death claims, including recovery of pre-death pain and suffering in survival actions, attorney's fees payable by the facility, and punitive damages if the facility's conduct was reckless, malicious, or oppressive. These claims require proof of heightened conduct by the facility, not just simple negligence, and we work with elder care experts to build this evidence. If your loved one died in a North State care facility, contact us immediately.
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Under California law, all heirs who bring the wrongful death action share in the recovery. If the family cannot agree on the division among themselves, the court will apportion the award based on each heir's proportional loss, typically based on financial dependency, closeness of relationship, and the extent of each person's loss of companionship and support. When there are multiple claimants (e.g., a surviving spouse and adult children), agreeing on a fair internal distribution before trial is an important part of case strategy that we guide families through carefully.
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Potentially, yes, and this is one of the most important coordination issues in a wrongful death case. Workers' compensation carriers that have paid death benefits typically have a lien right against any third-party civil recovery. Social Security survivor benefits are generally not affected by a civil settlement, but the interaction between workers' comp liens, third-party claims, and structured settlements requires careful legal coordination. We work with financial and benefits specialists to structure recoveries in ways that maximize what actually reaches your family after all liens and obligations are resolved.