The Clovis wrongful death lawyers at The Wagner Law Group are standing by to represent you. Call us at 833.200.7111 or contact us online to schedule a free consultation today.
Losing a loved one because of someone else’s negligence is devastating. Beyond the grief, families are suddenly facing medical bills, funeral costs, lost income, and a legal system they’ve never had to navigate before — all while trying to cope with an unimaginable loss. At The Wagner Law Group, we don’t merely handle wrongful death cases — we fight for justice, accountability, and the full compensation your family deserves.
What Is a Wrongful Death Claim in California?
A wrongful death claim allows surviving family members to seek compensation when a loved one dies as a result of another party’s negligence, recklessness, or intentional misconduct. In California, wrongful death claims are governed by Code of Civil Procedure § 377.60 and are separate from criminal charges — meaning a family can pursue a civil wrongful death lawsuit regardless of whether criminal charges are filed.
To successfully file a wrongful death lawsuit, the following must be established:
- Duty of care — the defendant had a legal responsibility to act reasonably and prevent harm
- Breach of duty — the defendant’s negligence or misconduct violated that responsibility
- Causation — the breach directly caused the death of the victim
- Damages — the family suffered quantifiable financial and emotional harm as a result
Wrongful Death vs. Survival Action — What’s the Difference?
California recognizes two related but distinct legal claims after a fatal accident:
Wrongful death claim — filed by surviving family members for their own losses: grief, lost financial support, loss of companionship, and funeral costs.
Survival action — filed on behalf of the deceased person’s estate for losses the victim suffered before death: pain and suffering, medical expenses, and lost wages from the time of injury to time of death.
In many cases, both claims can and should be filed simultaneously. We evaluate both options for every family we represent to make sure nothing is left on the table.
Who Can File a Wrongful Death Lawsuit in California?
Under California law, the following individuals have the legal right to file a wrongful death claim:
- The deceased person’s surviving spouse or domestic partner
- Children of the deceased
- Grandchildren, if the deceased’s children are also deceased
- Anyone who was financially dependent on the deceased, including stepchildren and parents
- A representative of the deceased’s estate
If you’re unsure of your eligibility, we can assess your situation and determine your legal standing at no cost.
Wrongful Death Cases We Handle in Clovis
We handle a wide range of wrongful death cases including:
- Car accidents — when a life is lost because of a careless, distracted, or intoxicated driver
- Truck accidents — commercial vehicle crashes are disproportionately fatal; we pursue trucking companies and their insurers
- Pedestrian accidents — drivers who fail to yield or act recklessly near pedestrians must be held accountable
- Workplace accidents — fatal injuries caused by unsafe working conditions, defective equipment, or employer negligence
- Medical malpractice — when a healthcare provider’s negligence directly causes a patient’s death
- Nursing home abuse and elder abuse — no family should lose a loved one because a facility provided negligent care
- Dog attacks — fatal attacks and serious injuries caused by dangerous animals under California’s strict liability law
- Defective products — manufacturers who design or produce dangerous products are liable when their negligence results in death
- Catastrophic accidents — any accident involving devastating injuries that prove fatal
Compensation in a California Wrongful Death Lawsuit
Wrongful death compensation in California covers both economic and non-economic losses. We pursue maximum recovery across all categories:
Economic damages:
- Medical expenses incurred before the victim’s death
- Funeral and burial costs
- Lost income the deceased would have earned over their lifetime
- Loss of household services and financial contributions
- Lost benefits including pension, health insurance, and retirement
Non-economic damages:
- Loss of companionship, love, and emotional support
- Pain and suffering endured by surviving family members
- Loss of guidance and mentorship for surviving children
Punitive damages:
- Awarded in cases involving gross negligence, extreme recklessness, or intentional misconduct — designed to punish the responsible party beyond compensatory damages
Insurance companies offer settlements that cover a fraction of these losses. We calculate the full lifetime value of your claim and fight for every dollar.
How We Build a Wrongful Death Case
Wrongful death cases require a different level of investigation than standard personal injury claims. We approach every case with the same aggressive, thorough strategy:
- Independent investigation — we gather physical evidence, police reports, surveillance footage, witness statements, and any other documentation that establishes what happened and who is responsible
- Expert witnesses — we work with forensic specialists, medical professionals, accident reconstructionists, and economic experts to build an undeniable case
- Financial analysis — economists and life care planners calculate the full lifetime value of your loss, including future earning potential and long-term financial impact on your family
- Aggressive negotiation — we present insurance companies and responsible parties with a demand that reflects the true value of your claim, not what they feel like paying
- Trial-ready litigation — when insurers refuse to pay fairly, we take the case to court
Why Wagner Law Group for Your Clovis Wrongful Death Case
Wrongful death lawsuits demand more than legal knowledge — they demand strategic negotiation, aggressive litigation, and a firm that genuinely fights for maximum results.
We Know the Value of Your Case — and We Don’t Accept Less
Insurance companies and responsible parties are almost always reluctant to pay full value. We use expert testimony, financial assessments, and aggressive legal arguments to demand the total value of your claim — not just immediate bills, but lost income, future earning potential, pain and suffering, and punitive damages where applicable.
We Handle Everything So You Can Focus on Your Family
Grieving families deserve better than navigating legal paperwork, insurance adjusters, and defense attorneys alone. We walk you through every step, keep you informed, meet all deadlines, and make sure your family’s best interests come first at every stage.
We Go to Trial — and We Win
Most firms pressure clients into quick settlements to avoid the courtroom. Not us. If an insurance company refuses to pay what your family deserves, we take them to trial. Strategic, aggressive courtroom litigation is what we do best — and the responsible party will be held to the fullest extent of the law.
No Fee Unless We Win
Financial strain should never prevent a family from getting justice. We work on contingency — you owe us nothing unless we recover compensation for you. We cover every expense upfront, from expert witnesses to court costs.
California Wrongful Death Statute of Limitations
Under California law, you generally have 2 years from the date of your loved one’s death to file a wrongful death lawsuit. If the case involves a government entity — a city vehicle, public facility, or government employee — the deadline can be as short as 6 months. Missing the deadline means permanently losing your right to pursue compensation. Contact us as soon as possible so we can protect your family’s legal rights.
Why Choose The Wagner Law Group?
- No fee unless we win — you pay nothing upfront
- Over 42 years of experience representing California injury and wrongful death victims
- Landmark verdicts, including a $72.4 million verdict in the Wal-Mart Truckers case
- 5-star rated by clients across California
- AV Preeminent rated — the highest possible rating for legal and ethical standards
- Compassionate representation — we treat every family with the care and dignity they deserve during an impossible time
If you lost a loved one due to someone else’s negligence in Clovis, call (833) 200-7111 or contact us online for a free consultation. You don’t pay unless we win.
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Frequently Asked Questions — Clovis Wrongful Death Lawyer
How long do I have to file a wrongful death lawsuit in California?
Generally 2 years from the date of your loved one’s death. If a government entity is involved — a city vehicle, public facility, or government employee — the deadline can be as short as 6 months. Missing the deadline means permanently losing your right to pursue compensation. Contact us immediately to protect your family’s rights.
What damages can be recovered in a wrongful death claim?
Families can recover medical expenses before the victim’s death, funeral and burial costs, lost income and future earning potential, loss of companionship and emotional support, and punitive damages in cases of extreme negligence. We calculate the full lifetime value of your loss — not just immediate bills.
Can I file a wrongful death claim if my loved one had a pre-existing condition?
Yes. A pre-existing condition does not absolve the responsible party if their negligence contributed to or accelerated the death. The legal process considers all medical evidence when determining liability and compensation. Insurance companies frequently use pre-existing conditions to reduce payouts — we fight those arguments directly.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is filed by surviving family members for their own losses — grief, lost financial support, and loss of companionship. A survival action is filed on behalf of the deceased’s estate for losses the victim suffered before death — pain, suffering, and medical expenses. In many cases both can be filed simultaneously, and we evaluate both options for every family we represent.
Do I need a lawyer to file a wrongful death claim?
Technically no — but without legal representation, insurance companies will offer a fraction of what your claim is worth. Wrongful death cases involve complex liability questions, multiple defendants, expert witnesses, and lifetime damages calculations. Without an attorney, you’re negotiating against their team of lawyers alone. We level that playing field.
We have a wide range of experience from the most simple to the most complex cases, including but not limited to:
