The Fresno drunk driving wrongful death 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.

When a drunk driver takes a life, it is not an accident — it is the result of a deliberate, reckless choice. California law recognizes that distinction, and families of drunk driving victims have powerful legal options that go beyond standard wrongful death claims. If your loved one was killed by an impaired driver, The Wagner Law Group will fight to hold that driver fully accountable.

Drunk Driving Wrongful Death: What Makes These Cases Different

Unlike most wrongful death cases, fatal drunk driving cases can qualify for punitive damages in addition to standard compensation. Punitive damages are designed to punish especially reckless behavior — and driving under the influence absolutely qualifies. This means your family may be entitled to significantly more compensation than in a typical wrongful death case.

We also pursue every available source of recovery, including:

The drunk driver’s personal auto insurance
Commercial liability if the driver was on the job
Dram shop liability if a bar or restaurant overserved the driver
Underinsured motorist coverage through your own policy

Who Can File a Wrongful Death Claim?

In California, the following family members may be eligible to file a wrongful death claim after a fatal drunk driving accident:

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

What Compensation Can Your Family Recover?

A wrongful death claim after a fatal drunk driving 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
Punitive damages — additional compensation to punish the drunk driver’s reckless conduct

California 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 employee was involved, you may have as little as six months to file a government tort claim. Do not wait — evidence disappears and witness memories fade. Contact us as soon as possible to protect your family’s rights.

Why Choose The Wagner Law Group

Drunk driving wrongful death cases require aggressive, experienced representation. Insurance companies will still fight to minimize payouts even when liability is clear. When you work with us:

You pay nothing upfront — we work on contingency, no fees unless we win
We pursue every available source of compensation including punitive damages
We have over 27 years of experience representing California wrongful death victims
We handle all communication with insurance companies on your behalf
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

Can I sue a bar or restaurant if they served the drunk driver?

Possibly. California’s dram shop laws allow claims against businesses that serve alcohol to an obviously intoxicated person who then causes a fatal accident. We investigate all potential sources of liability to maximize your family’s recovery.

What if the drunk driver was also criminally charged?

A criminal case and a civil wrongful death claim are separate proceedings. You can pursue a civil claim regardless of whether the driver is criminally charged or convicted. In fact, a criminal conviction can strengthen your civil case.

Can I still file a claim if the drunk driver had no insurance?

Yes. Your own uninsured or underinsured motorist coverage may apply. We also pursue every other available avenue — including dram shop claims and any other liable parties — to ensure your family is not left without compensation.

What are punitive damages and how do they apply to drunk driving cases?

Punitive damages are awarded on top of standard compensation to punish especially reckless behavior. California courts have consistently held that drunk driving qualifies for punitive damages, meaning your family may recover significantly more than in a standard wrongful death case.