Madera Wrongful Death Lawyer

Q: Can we file a wrongful death claim even if there are no criminal charges?

Yes. A wrongful death claim is a civil action completely separate from any criminal proceedings. The standard of proof in a civil case is lower than in a criminal case. Many families successfully recover civil wrongful death compensation even when no criminal charges are filed.

Losing a loved one because of someone else’s negligence is devastating — and the legal process that follows can feel overwhelming. The Wagner Law Group has fought for grieving families across California for over 42 years, recovering over $300 million for victims of negligence including wrongful death cases. We handle everything so your family can focus on healing. If your loved one was killed in a car accident, workplace incident, medical negligence, or any other situation caused by someone else’s carelessness in Madera or Madera County, we are here to fight for justice and full compensation. No fees unless we win.

Call us now at (833) 200-7111 for a free consultation, or Contact Us below and we will reach out to you.

Madera Practice Areas

The Wagner Law Group handles personal injury cases across Madera and Madera County, including:

What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit brought by surviving family members when a person is killed due to the negligence, recklessness, or intentional misconduct of another party. It is separate from any criminal proceedings — a wrongful death case can succeed even if no criminal charges are filed or a criminal defendant is acquitted.

California’s wrongful death statute allows eligible family members to recover compensation for both the financial and emotional losses caused by the death of their loved one.

Who Can File a Wrongful Death Claim in California?

California law limits who may bring a wrongful death claim. Eligible parties include:

Surviving spouse or domestic partner
Surviving children
Surviving grandchildren — if the deceased’s children are also deceased
Other dependents — including anyone who was financially dependent on the deceased, such as a putative spouse, stepchildren, or parents who depended on the deceased for support

If you are unsure whether you qualify to file a wrongful death claim, contact us for a free evaluation. The rules around standing can be nuanced, and an experienced attorney can clarify your options quickly.

Common Causes of Wrongful Death in Madera

Car and truck accidents — fatal crashes on Highway 99 and Madera County roads are among the most common causes of wrongful death claims in the region. Commercial truck accidents in particular carry catastrophic injury and death potential given the forces involved.
Motorcycle accidents — riders killed by negligent drivers leave behind families who have every right to pursue full compensation for their loss.
Pedestrian accidents — fatal pedestrian knockdowns on Madera’s arterial roads and at poorly designed intersections frequently involve driver negligence.
Workplace and agricultural accidents — Madera County’s agricultural economy means farm worker fatalities are a reality. Employers and property owners who fail to maintain safe working conditions may be liable.
Medical malpractice — a doctor, hospital, or healthcare provider whose negligence causes a patient’s death may be held accountable in a wrongful death action.
Defective products — a dangerous or defective product that causes a fatal injury creates liability for the manufacturer, distributor, or retailer.
Premises liability — fatal falls, drownings, and other deaths caused by dangerous property conditions create wrongful death liability for the property owner.
DUI accidents — when a drunk or drug-impaired driver kills someone, the family may pursue both compensatory and punitive damages.

What Compensation Can Surviving Family Members Recover?

California wrongful death law allows surviving family members to recover compensation for losses they personally suffer as a result of their loved one’s death, including:

Economic Damages:

Financial support the deceased would have provided over their lifetime
Loss of gifts and benefits the family would have received
Funeral and burial expenses
Value of household services the deceased would have contributed

Non-Economic Damages:

Loss of love, companionship, comfort, and affection
Loss of moral support and guidance
Loss of training and guidance for surviving children

In addition to the wrongful death claim, the estate of the deceased may bring a separate survival action to recover damages the deceased personally suffered before death — including pre-death pain and suffering, medical expenses, and lost earnings from the time of injury to death. The Wagner Law Group handles both claims together to ensure your family recovers everything available under California law.

In cases involving drunk driving or other egregious conduct, punitive damages may also be available against the responsible party.

Why Wrongful Death Cases Require Immediate Action

Evidence in wrongful death cases disappears fast. Surveillance footage gets overwritten, accident scenes are cleaned up, witnesses move on, and electronic data from vehicles and equipment gets purged. At the same time, the responsible party’s insurance company and legal team are already working to limit their exposure.

The Wagner Law Group moves immediately after being retained — sending preservation letters, retaining investigators, and securing the evidence your case depends on. The sooner you contact us, the stronger your case will be.

Why The Wagner Law Group

No fee unless we win — you pay nothing upfront. Our fee comes out of the recovery only if we win.
Over 42 years of experience representing California families in wrongful death and catastrophic injury cases
$300 million+ recovered — including $72.4M against Walmart and $100M+ against PG&E
We handle the entire case — so your family can focus on grieving and healing, not paperwork and deadlines
We go to trial — insurance companies know we will take cases to court, which drives better settlements
5-star rated by clients across the Central Valley
AV Preeminent rated — the highest possible rating for legal and ethical standards

Call (833) 200-7111 now for a free consultation, or Contact Us below. No fees unless we win. Available 24/7.

Frequently Asked Questions — Madera Wrongful Death Lawyer

How long do I have to file a wrongful death claim in California?

California’s statute of limitations for wrongful death claims is generally two years from the date of death. If a government entity is involved — a city vehicle, county employee, or public agency — you must file an administrative claim within six months. Missing either deadline permanently eliminates your family’s right to recover. Contact an attorney as soon as possible.

Can we file a wrongful death claim even if there are no criminal charges?

Yes. A wrongful death claim is a civil action that is completely separate from any criminal proceedings. The standard of proof in a civil case is lower than in a criminal case — preponderance of the evidence rather than beyond a reasonable doubt. Many families successfully recover civil wrongful death compensation even when no criminal charges are filed or when a criminal defendant is found not guilty.

What if my loved one was partially at fault for the accident that killed them?

Your family can still recover. California’s pure comparative negligence rule applies to wrongful death claims — your recovery is reduced by the deceased’s percentage of fault, not eliminated. Insurance companies will try to inflate the deceased’s share of fault to minimize what they pay. Our attorneys fight back with evidence to protect your family’s recovery.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is brought by surviving family members for their own losses — financial support, companionship, and guidance. A survival action is brought by the estate of the deceased for losses the deceased personally suffered before death — including pre-death pain and suffering, medical expenses, and lost income. The Wagner Law Group pursues both claims simultaneously to maximize your family’s total recovery.

How much does a Madera wrongful death lawyer cost?

Nothing upfront. The Wagner Law Group works on a contingency fee basis — we only get paid if we win your case. Our fee comes out of the settlement or verdict. If we do not recover for your family, you owe nothing.