Visalia Wrongful Death Lawyer

Losing someone you love is devastating. Losing them because of someone else’s negligence or recklessness makes it unbearable. While no legal action can undo that loss, California law gives surviving family members the right to hold the responsible party accountable and secure the financial stability their loved one would have provided. At The Wagner Law Group, our Visalia wrongful death lawyers have spent over 42 years fighting for grieving families across the Central Valley — with compassion and without compromise.

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

What Qualifies as a Wrongful Death in California?

Under California Code of Civil Procedure § 377.60, a wrongful death claim arises when a person’s death is caused by the wrongful act or neglect of another. Common causes we handle in Visalia and Tulare County include:

• Fatal car and truck accidents — collisions on Highway 99, Highway 198, and Tulare County roads caused by reckless, impaired, or distracted drivers
• Motorcycle and bicycle fatalities — riders killed by drivers who failed to yield, changed lanes unsafely, or drove under the influence
• Pedestrian deaths — fatal crosswalk and intersection accidents on Mooney Boulevard, Caldwell Avenue, and throughout Visalia
• Workplace accidents — agricultural accidents, construction site fatalities, and industrial injuries that are tragically common in Tulare County
• Medical malpractice — deaths caused by surgical errors, misdiagnosis, medication mistakes, or failure to treat
• Nursing home abuse and neglect — fatal injuries resulting from neglect, understaffing, or abuse in Visalia-area long-term care facilities
• Defective products — dangerous equipment, vehicles with defective components, or consumer products that cause fatal injuries

Who Can File a Wrongful Death Claim in California?

California CCP § 377.60 limits who may bring a wrongful death action:

• Surviving spouse or domestic partner
• Children of the deceased
• Grandchildren, if the deceased’s children are also deceased
• Parents or siblings, if there is no surviving spouse or children
• Any person who was financially dependent on the deceased, including putative spouses and stepchildren

California also allows a separate survival action under CCP § 377.30, which allows the estate to recover damages the deceased person suffered between the injury and death — including pain and suffering, lost earnings, and medical expenses incurred before passing. These two claims are often pursued together and serve different purposes.

What Compensation Can Your Family Recover?

California places no cap on non-economic damages in wrongful death cases — unlike some states, families can recover the full measure of their loss:

• Loss of financial support — the income and economic contributions your loved one would have provided over their lifetime
• Loss of companionship and consortium — the love, guidance, and relationship that can never be replaced
• Funeral and burial expenses
• Medical expenses incurred from the injury through the time of death
• Pain and suffering experienced by surviving family members
• Punitive damages — available when the responsible party’s conduct was malicious, fraudulent, or oppressive

Through a survival action, the estate may also recover compensation for the pain, suffering, and economic losses the deceased experienced before death.

Deadlines You Cannot Miss

• Two years from the date of death to file a wrongful death lawsuit under California’s statute of limitations.
• Six months to file a government tort claim if the death involved a government entity — a city vehicle, public facility, or government employee. Missing this deadline permanently bars the claim.
• Evidence disappears fast. Surveillance footage is overwritten, accident scenes are cleared, and witnesses’ memories fade. The sooner you contact an attorney, the stronger your case.

How Insurance Companies Handle Wrongful Death Claims

Insurance companies move fast after a fatal accident — not to help you, but to protect themselves. Expect:

• A quick, low settlement offer before you understand the full value of your claim or the future financial impact of your loss
• Blame-shifting — arguing your loved one was partially at fault to reduce their liability
• Delay tactics — dragging out the investigation hoping grief and financial pressure push you to accept less
• Disputes over causation — claiming your loved one’s death resulted from a pre-existing condition, not the accident

Do not sign anything or give a recorded statement before speaking with an attorney. We step in immediately, handle all communications with insurers, and build a case designed to maximize every dollar your family is owed.

Why Choose The Wagner Law Group

• No fee unless we win — you pay nothing upfront
• Over 42 years of experience representing California injury 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

If you lost a loved one due to someone else’s negligence in Visalia or anywhere in Tulare County, we are here to help. Call (833) 200-7111 or contact us online for a free, compassionate consultation. No fee unless we win.

The information on this page is provided by The Wagner Law Group for general informational purposes only and does not constitute legal advice. Reading this page or contacting our firm through it does not create an attorney-client relationship, which is formed only by a signed written agreement. Every case is different, and prior results do not guarantee a similar outcome. Filing deadlines vary by situation — do not rely on this page in place of advice from a licensed attorney about your specific circumstances. This may be considered attorney advertising.

Frequently Asked Questions

The insurance company already made us an offer. Should we accept it?

No — not before speaking with an attorney. Early settlement offers are designed to close your claim before you understand the full financial value of your loss, including future lost income, loss of companionship, and long-term damages. Let us review the offer for free before you sign anything.

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

California’s pure comparative negligence rule still allows recovery even if your loved one shared some fault. The damages are reduced proportionally by their percentage of fault, but the claim is not barred. Insurance companies will try to inflate that percentage — we fight back against it directly.

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

A wrongful death claim (CCP § 377.60) compensates surviving family members for their own losses — lost financial support, companionship, and grief. A survival action (CCP § 377.30) allows the estate to recover what the deceased person suffered before death — their pre-death pain, medical expenses, and lost earnings. Both are often filed together and serve different purposes.

What if my loved one survived for several days before passing?

A survival action covers exactly this scenario — the pain, suffering, and losses your loved one experienced between the injury and death. Medical records and hospital documentation establish the connection between the negligent act and the death.

Can we file a claim even if our loved one was not employed?

Yes. Compensation in wrongful death cases is not limited to lost income. Families recover for loss of companionship, household services, guidance, and the emotional support the deceased provided — none of which requires employment.

How much does it cost to hire a wrongful death lawyer?

Nothing upfront. The Wagner Law Group works on a contingency fee basis — you pay no attorney fees unless we win your case. Your first consultation is always free.