What Families Need to Know Before Filing a Wrongful Death Claim in California

November 6, 2025

What Families Need to Know Before Filing a Wrongful Death Claim in California

Losing a loved one is one of life’s most painful experiences — especially when their death was caused by someone else’s negligence or wrongdoing. Beyond grief, many families are left facing financial uncertainty and difficult legal questions.


At Fetto Law Group, we understand how devastating this time can be. Our wrongful death attorneys in Walnut Creek, California, are here to help you seek justice, hold negligent parties accountable, and pursue the compensation your family deserves. With over 30 years of experience and more than $50 million recovered in verdicts and settlements, Attorney John Fetto and his team are dedicated to guiding you with compassion and strength every step of the way.


Understanding a Wrongful Death Claim in California

A wrongful death claim arises when a person’s death results from another party’s negligent, reckless, or intentional actions. The purpose of this type of lawsuit is to provide surviving family members with financial support for the losses they’ve suffered and to hold the responsible parties accountable.


Common causes of wrongful death in California include:

  • Car, truck, and motorcycle accidents
  • Pedestrian or bicycle collisions
  • Dangerous property conditions (premises liability)
  • Defective products or equipment
  • Medical negligence


Each case is unique, which is why having an experienced Walnut Creek wrongful death attorney can make all the difference in protecting your rights and ensuring the case is handled properly.


Who Can File a Wrongful Death Claim in California?

Under California law (Code of Civil Procedure §377.60), only specific individuals may bring a wrongful death lawsuit. Eligible parties include:


  • Spouses or domestic partners of the deceased
  • Children or stepchildren
  • Parents (if the deceased had no surviving spouse or children)
  • Other dependent relatives, such as siblings or grandparents


It’s important to note that all qualifying heirs must join the same lawsuit. If one family member files without notifying others, it can lead to complications. Working with a dedicated wrongful death attorney helps ensure every eligible family member is properly included and represented.


What Compensation Can Families Recover?

The goal of a wrongful death claim is to help your family recover financially from your loss and secure a sense of justice. Compensation may include:


  • Funeral and burial expenses
  • Medical bills related to the fatal injury or illness
  • Loss of income and financial support
  • Loss of companionship, care, and guidance
  • Pain and suffering your loved one experienced before their death


Every case is different, and the amount recovered depends on the circumstances. At Fetto Law Group, we carefully calculate both the financial and emotional impact on your family to pursue full and fair compensation.


How Long Do You Have to File a Claim?

California’s statute of limitations for wrongful death cases is two years from the date of death. However, if the claim involves a government entity (such as a city vehicle accident), the timeline may be much shorter — as little as six months.


Because evidence can disappear and witness memories fade quickly, it’s crucial to contact an attorney as soon as possible to begin building your case.


Why You Need an Experienced Wrongful Death Attorney

Wrongful death cases are among the most complex areas of personal injury law. They require thorough investigation, expert testimony, and skilled negotiation — or, if necessary, aggressive trial representation.


At Fetto Law Group, we bring:

  • Over 30 years of litigation experience
  • A track record of more than 3,000 cases handled
  • Proven results, with over $50 million recovered
  • A commitment to compassionate, client-focused advocacy


From day one, our team treats your case as if it were going to trial. Attorney John Fetto uses proven courtroom strategies, cutting-edge evidence presentation, and personalized attention to put your family in the strongest possible position for success.


We’re Here to Help You Seek Justice

Filing a wrongful death claim can’t undo the pain of losing a loved one, but it can bring a sense of accountability and financial security for your family’s future.


Let Fetto Law Group stand beside you during this difficult time. We’ll handle the legal complexities so you can focus on healing and remembering your loved one.

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