The Fresno fatal car accident lawyers at The Wagner Law Group are here to help your family pursue justice. Call 833.200.7111 or contact us online for a free consultation. We don’t charge a fee unless we win.

Losing a family member in a car accident caused by someone else’s negligence is devastating. On top of the grief, families are left dealing with funeral expenses, lost income, and an uncertain financial future. California law gives surviving family members the right to pursue a wrongful death claim against the responsible party — and The Wagner Law Group is here to help you do exactly that.

Who Can File a Wrongful Death Claim After a Fatal Car Accident?

In California, the following family members may be eligible to file a wrongful death claim:

Surviving spouses and domestic partners
Children of the deceased
Grandchildren, if the deceased’s children are also deceased
Any person who was financially dependent on the deceased

If you are unsure whether you qualify, contact us for a free consultation. We will review your situation and explain your options at no cost to you.

Common Causes of Fatal Car Accidents

Fatal car accidents are rarely truly “accidents” — most are caused by preventable negligence:

Speeding and reckless driving
Drunk or impaired driving
Distracted driving — texting, phone use, inattention
Running red lights and stop signs
Unsafe lane changes and failure to yield
Fatigued driving
Defective vehicle parts or road hazards

When a driver’s negligence takes a life, their insurance company and legal team go to work immediately to minimize what they pay. Your family deserves equally aggressive representation.

What Compensation Can Your Family Recover?

A wrongful death claim after a fatal car accident can recover compensation for:

Funeral and burial expenses
Lost financial support — income and benefits your loved one would have provided
Loss of companionship and support — the emotional and relational loss suffered by surviving family
Medical expenses — any treatment costs incurred before death
Loss of household services — tasks your loved one performed that must now be replaced

California also allows a separate survival action for pain and suffering the deceased experienced between the accident and death.

California Wrongful Death Statute of Limitations

In California, wrongful death claims must generally be filed within two years from the date of death. If a government vehicle or government employee caused the accident, you may have as little as six months to file a government tort claim. Do not wait — contact us as soon as possible to protect your family’s rights.

Why Choose The Wagner Law Group

We understand that no amount of money brings back a loved one. What we can do is hold the responsible party fully accountable and ensure your family is not left to bear the financial consequences of someone else’s negligence. When you work with us:

You pay nothing upfront — we work on contingency, no fees unless we win
We handle all communication with insurance companies on your behalf
We have over 27 years of experience representing California injury and wrongful death victims
We are fully prepared to take your case to trial if a fair settlement is not offered

Call 833.200.7111 for a free, confidential consultation. Let us fight for your family while you focus on healing.

Frequently Asked Questions

How long does a wrongful death car accident case take?

Every case is different. Some cases settle within months, while others involving disputed liability or serious damages may take a year or more. We move as efficiently as possible while ensuring your family receives the full compensation you deserve.

What if the driver who caused the accident didn’t have insurance?

You may still have options. Your own uninsured or underinsured motorist coverage may apply, and there may be other liable parties such as a vehicle manufacturer or government agency. We investigate every available avenue to maximize your recovery.

Can I file a wrongful death claim if my loved one was partially at fault?

Yes. California’s comparative negligence laws allow recovery even when the deceased shared some fault. Your compensation may be reduced proportionally, but you are not barred from pursuing a claim.

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 — lost income, companionship, and support. A survival action is filed on behalf of the deceased’s estate for damages they personally suffered, such as pain and suffering between the accident and death. Both claims can often be pursued simultaneously.