Pursuing Justice For Families After A Wrongful Death
An untimely death is always hard. It hurts even more when the death was preventable. A wrongful death action can be brought when a fatal accident traces back to negligence or disregard for safety.
Sumner Law handles wrongful lawsuits arising from auto, truck, bicycle and motorcycle accidents, and other events. We help grieving families ease the financial burdens by holding individuals, corporations or government entities liable for a tragic death that never should have happened.
Our Walnut Creek firm serves Contra Costa County and the Bay Area. Please reach out to us for a free consultation. We will take care of everything, but it is important to take action sooner than later to preserve your family’s rights.
A Proven Advocate For Difficult Cases
Scott Sumner is an experienced trial lawyer with millions of dollars in wrongful death recoveries for clients. He has litigated fatalities caused by negligent drivers, defective products, dangerous property and hazardous roadway conditions.
Once we have established the underlying fault, we pursue damages on behalf of the survivors, from funeral expenses and replacement of the deceased’s income to compensation for the loss of relationships, companionship and household contributions.
Who Can File A Wrongful Death Suit In California?
Wrongful death lawsuits must be filed by a representative on behalf of survivors, who may be immediate family members (spouse, children, parents, siblings), financial dependents or life partners. A grandparent raising a child who was killed may be able to bring an action.
Wrongful death lawsuits can be brought against defendants like the builder of a faulty roadway, manufacturer of a faulty vehicle component or household product, the driver of an automobile, persons who sold or served alcohol to an impaired driver, or the owner of the premises where a fatality occurred.
If your loved one died in a hit-and-run bicycle or pedestrian-auto accident, Mr. Sumner will work tirelessly to bring the driver to justice.
In certain cases, persons who suffer a financial loss by the victim’s death can bring a wrongful death suit even though they are not related by marriage or blood.
What Damages Can Be Recovered?
The three types of compensation in a wrongful death lawsuit include:
- Economic damages, covering the loss of the victim’s expected earnings, final medical expenses and funeral/burial costs
- Noneconomic damages, including mental anguish, loss of care, loss of love and loss of consortium
- Punitive damages, addressing bad conduct such as nursing home elder abuse or willful violation of trucking regulations
Your Advocate Through All Phases Of A Wrongful Death Lawsuit
During the pretrial phase, your personal injury attorney will conduct a full investigation, gather evidence and put the responsible parties on notice. A case may settle during the pretrial phase, during the litigation phase or even while the jury is deliberating over the verdict.
Since wrongful death lawsuits often involve complex areas of law, you want a knowledgeable and experienced trial attorney like Scott Sumner. His 25 years of experience in a wide range of cases helps him to be proactive and strategic in pursuit of justice, in or out of court.
Common Questions About Wrongful Death In California
The answers to frequently asked questions can help you understand what to expect in your California wrongful death claim.
Can I still recover damages if my loved one was partially at fault?
Yes, under California’s pure comparative negligence system, you may recover damages even when the deceased shared responsibility for the incident. The total recovery is reduced by the percentage of fault assigned to the deceased.
For example, if the damages total one million dollars and the deceased is found forty percent responsible, you may still recover six hundred thousand dollars. This framework ensures that families can still pursue compensation despite disputed liability.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim under CCP section 377.60 allows family members to recover for their own losses. Economic damages often include funeral and burial expenses and the financial support the deceased would have provided. Noneconomic damages address the loss of love, companionship, comfort, care and protection.
A survival action under CCP section 377.30 belongs to the decedent’s estate. It is meant to seek compensation for losses the deceased sustained before they died. Recoverable damages may include medical expenses, lost earnings and property damage.
From 2022 through 2025, estates could also recover the deceased’s pain and suffering under SB 447, but that temporary expansion ended on January 1, 2026. Survival actions filed after that date are again limited to economic losses and punitive damages when appropriate.
Can I recover money for the pain and suffering my loved one endured before they passed away?
For most new cases filed after December 31, 2025, the estate cannot recover damages for the deceased’s pain and suffering. As mentioned, California’s temporary allowance for non-economic survival damages has expired. However, you may be eligible to recover for your own loss of companionship and emotional support through a wrongful death claim.
What is the statute of limitations for wrongful death in California?
Most wrongful death lawsuits must be filed within two years of the date of death. Certain circumstances shorten this period. Medical malpractice claims often require filing within one year of discovering the cause of death. Claims involving a public entity typically require a formal administrative filing within six months, making early legal guidance essential.
Tell Us About What Happened To Your Loved One
If you think you may have a wrongful death case, reach out today to schedule a free consultation about your legal remedies. Call Sumner Law at 925-464-1593 or send an email.
We take cases in the Bay Area, Northern California and statewide, with a special focus on bicycle and pedestrian fatalities.