Losing a family member because of someone else’s negligence is devastating in ways that no legal process can fully address. What California law can do is hold the responsible party accountable and provide surviving family members with financial compensation for what they have lost — both the practical support the deceased provided and the irreplaceable presence in their lives. Understanding how that process works in Fresno is the first step toward making an informed decision about whether to pursue a claim.
The Law Office of Sam Salhab has represented families in Fresno for over fifteen years. If a loved one was killed due to another party’s negligence or wrongful conduct, a free, confidential consultation is available to discuss your options.
What Qualifies as Wrongful Death Under California Law
Under California Code of Civil Procedure § 377.60, a wrongful death claim may be filed when a person dies as the result of another party’s wrongful act, negligence, or default. The death must result from conduct that would have allowed the deceased to bring a personal injury claim had they survived.
Common bases for wrongful death claims in Fresno include:
- Traffic accidents — car, motorcycle, truck, and pedestrian fatalities caused by negligent drivers
- Commercial trucking crashes — particularly relevant on Highway 99 and Highway 180 given Fresno’s freight and agricultural transport volume
- Workplace incidents — construction accidents, agricultural equipment failures, and industrial injuries
- Medical malpractice — a separate limitations period applies
- Dangerous property conditions — premises liability when a property defect caused a fatal injury
- Agricultural equipment accidents — unique to the Central Valley and often involving complex equipment manufacturer or employer liability
Who Can File a Wrongful Death Lawsuit in California
Only specific parties have standing to bring a wrongful death claim under § 377.60. The statute creates a priority hierarchy:
| Priority | Who Can File |
| First | Surviving spouse or registered domestic partner |
| First | Children of the deceased |
| Second | Grandchildren, if the deceased’s children are also deceased |
| Also eligible | Any person who would inherit under California’s intestate succession laws |
| Also eligible | A minor who lived with the deceased for at least 180 days before death and was dependent on the deceased for at least half of their financial support |
All eligible heirs typically file together in a single action. Each heir recovers individually based on their own losses, not as a collective pool. The personal representative of the estate may also file on behalf of eligible heirs who cannot file themselves.
Wrongful Death vs. Survival Action: Two Separate Claims
Many families are unaware that two legally distinct claims can arise from the same death. California law permits both to be filed simultaneously.
| Feature | Wrongful Death (CCP § 377.60) | Survival Action (CCP § 377.30) |
| Who files | Surviving heirs | Estate’s personal representative |
| What it compensates | The family’s losses going forward | The deceased’s own losses before death |
| Damages covered | Lost support, companionship, services | Medical bills, lost wages, pre-death pain and suffering* |
| Punitive damages | Not available | Available in appropriate cases |
| Grief and sorrow | Not recoverable | Not recoverable |
*Between January 1, 2022 and January 1, 2026, California Senate Bill 447 temporarily amended CCP § 377.34 to allow survival actions to recover a decedent’s pre-death pain, suffering, and disfigurement — a significant departure from California’s traditional rule limiting survival actions to economic losses. That provision has since sunset.
For survival actions filed on or after January 1, 2026, the law has reverted to its pre-2022 form, and only economic damages such as medical expenses and lost wages are recoverable through a survival action. Families evaluating a claim today should discuss with an attorney which rules apply based on when the case was or will be filed.
Fresno Fatal Accident Data
Fresno County recorded 126 traffic deaths in 2023, down from 206 in 2022, according to SWITRS data tracked through UC Berkeley’s Transportation Injury Mapping System (TIMS). In 2024, Fresno city recorded 49 traffic deaths, ranking 3rd statewide among California cities for total fatal crashes that year.
Highway 99 and Highway 180 carry a disproportionate share of Fresno County’s fatal collisions. Both corridors see heavy agricultural and freight truck traffic — a defining feature of the Central Valley economy — that creates crash conditions frequently involving commercial carriers and multiple potentially liable parties. Anyone evaluating a claim tied to a crash on these routes can review corridor-level crash data directly through TIMS or the California Office of Traffic Safety.
What Damages Surviving Families Can Recover
Economic Damages
Economic damages in a wrongful death claim cover the financial support and services the deceased would have provided:
- Lost income and future earning capacity
- Lost household services (childcare, home maintenance, caregiving)
- Funeral and burial expenses
- Medical expenses related to the fatal injury
Calculating future lost income requires accounting for the deceased’s age, career trajectory, education level, expected benefits, and projected retirement age. In cases involving young adults or working parents, this calculation often produces the largest component of the total damages figure.
Non-Economic Damages
Non-economic damages compensate for the personal losses that cannot be reduced to a financial calculation:
- Loss of love, companionship, and affection
- Loss of parental guidance for minor children
- Loss of care, protection, and support
- Loss of consortium for a surviving spouse
California does not cap non-economic damages in wrongful death cases. These damages are assessed individually for each eligible heir based on the nature and closeness of their relationship with the deceased.
How Long You Have to File
The standard statute of limitations for wrongful death claims in California is two years from the date of death under Code of Civil Procedure § 335.1.
Two critical exceptions apply:
- Medical malpractice deaths carry a three-year limitations period from the date of death under California Code of Civil Procedure § 340.5.
- Government entity involvement requires a separate Government Claims Act notice filed within six months of the death before any lawsuit can proceed. If a city vehicle, poorly maintained public road, or other government-operated hazard caused the death, this shorter deadline applies and can permanently bar a claim if missed.
What Happens If the Deceased Was Partially at Fault
California’s pure comparative negligence rule applies to wrongful death claims. If the deceased bore partial responsibility for the incident that caused their death, the family’s recovery is reduced proportionally by that fault percentage. A family awarded $1,000,000 in damages where the deceased was found 25% at fault would recover $750,000.
Defendants and their insurers regularly attempt to assign inflated fault percentages to the deceased as a strategy to reduce their financial exposure. Independent investigation, accident reconstruction, and witness evidence gathered early in the process are the primary tools for countering those arguments.
Evidence That Strengthens a Fresno Wrongful Death Claim
The quality of evidence gathered in the weeks following a death often determines how much leverage the family has in negotiations and litigation:
- CHP or Fresno PD fatal crash investigation report
- Autopsy and coroner’s report
- Medical records from emergency treatment
- Surveillance footage and dashcam recordings
- Witness statements gathered before memories fade
- Commercial vehicle electronic logging device (ELD) data in trucking cases
- Employment and income records to document lost financial support
- Expert accident reconstruction in disputed liability cases
Talk to a Fresno Wrongful Death Attorney
No family should navigate the legal process following a loved one’s death without experienced counsel. Evidence disappears, filing deadlines run, and insurance carriers begin building their defense from the moment they receive notice of a death.
Sam Salhab has practiced in Fresno courts for over fifteen years, is admitted in the Eastern District of California, and handles personal injury and wrongful death cases on a contingency fee basis — no fee unless the family recovers. The Law Office of Sam Salhab offers free, confidential consultations with 24/7 availability.
Frequently Asked Questions
What qualifies as wrongful death in California?
A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional wrongful conduct — conduct that would have supported a personal injury claim had the deceased survived. Common causes include traffic accidents, workplace incidents, medical malpractice, dangerous property conditions, and defective products.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own losses — lost financial support, companionship, and services. A survival action is filed by the estate and compensates for the losses the deceased suffered before death, including medical expenses and lost wages. Both can be filed from the same death and often are. Only survival actions allow punitive damages.
Can multiple family members file at the same time?
Yes. All eligible heirs under CCP § 377.60 typically file together in a single wrongful death action. Each heir recovers individually based on their own losses. A surviving spouse and children, for example, would each have a separate claim for their distinct losses — they do not divide a single award.
What if the deceased was partially at fault?
The family can still recover under California’s pure comparative negligence rule. The total damages award is reduced by the percentage of fault attributed to the deceased. For example, if damages total $800,000 and the deceased is found 20% at fault, the family recovers $640,000. Defendants routinely attempt to inflate the deceased’s fault percentage to minimize payouts.
Are funeral and burial expenses recoverable?
Yes. Funeral and burial expenses are explicitly recoverable economic damages under California’s wrongful death statute. They are typically among the first items documented and included in a demand package.
How is future lost income calculated?
Future lost income calculations consider the deceased’s age at death, career history, education and credentials, expected salary trajectory, anticipated benefits, and projected retirement age. Economic experts are often retained to prepare projections. For younger victims or those with strong earning trajectories, this figure frequently represents the largest component of the total damages calculation.
Do wrongful death cases usually settle?
Most wrongful death cases resolve through settlement bfore trial. Settlement becomes most likely after discovery — when both sides have reviewed the liability evidence, medical records, and income documentation. Cases with strong liability and significant damages tend to settle for higher amounts. Cases with disputed liability or limited insurance coverage may require litigation to achieve a fair outcome. An experienced attorney can advise on when a settlement offer is reasonable given the specific facts of the case.
