Fresno Wrongful Death Lawyers

Our Fresno Wrongful Death Lawyers Charge NO FEE Unless We Win

At Thompson Law, our Fresno wrongful death attorneys follow a contingency fee scheme, which means you don’t pay unless we win your case. If we recover money for you, our fee is a percentage of the settlement or award.

Additionally, our team speaks both English and Spanish, and we’re here to guide you through the legal process every step of the way. We’re available 24/7 to start your wrongful death claim. We handle all the legal details, so you can focus on healing and spending time with your family. Let us help you get the justice and compensation you deserve.

Taking action right away is important to make sure you can get the compensation you deserve. Knowing your options now can help you and your family start to move forward and heal. Call one of Thompson Law’s Fresno wrongful death lawyers and get a FREE CASE REVIEW. We’ll be here to provide you with compassionate legal help during this difficult time.

Our Case Results Speak for Themselves

At Thompson Law, we have a history of securing significant settlements for clients in wrongful death and injury cases. In 2021, we earned one of the top 100 wrongful death settlements in the U.S. These results show how dedicated we are to getting the best possible outcome for families.

Here are some examples of the compensation we’ve secured for clients in different wrongful death cases:

• $11,991,670 – Truck accident
• $9,512,498 – Fire caused by defective chair
• $8,540,000 – Vehicle crashworthiness defect
• $8,010,186 – Fuel system failure
• $7,694,750 – Industrial accident
• $5,704,363 – Vehicle transmission defect
• $5,154,600 – Defective lamp resulting in smoke inhalation
• $4,790,686 – Tire failure
• $4,527,944 – Water heater defect
• $4,021,912 – Cement wall collapse
• $3,963,371 – Plant explosion
• $3,833,236 – Construction accident
• $3,516,463 – Commercial vehicle accident
• $3,143,193 – Airplane crash
• $3,020,676 – Natural gas leak
• $2,873,498 – Automotive accident
• $2,723,284 – Premises liability accident
• $2,090,070 – Oil field accident

While every case is different, these examples show our ability to handle complex wrongful death claims. If you’ve lost a loved one, our Fresno wrongful death attorneys are ready to help. Contact us today for a FREE CONSULTATION.

What is Considered a Wrongful Death?

A wrongful death is a type of death of a person that was caused because of another person’s negligent act. It’s essentially a legal claim from family members who are seeking compensation for any emotional or physical loss they’ve experienced through the loss of their loved one.

Why is a Wrongful Death Law Needed?

The wrongful death law is needed because once the individual’s death is due to a tort (civil wrong), the deceased person is not capable of suing for their own damages, and this is due to the fact that their pain and suffering are no longer compensable. The past and future loss of earnings aren’t compensable unless a third party can claim those earnings. If the deceased person doesn’t have a cause of action against the negligent individual, then who is allowed to sue?

Who Can File a Wrongful Death Claim in Fresno

In Fresno, certain individuals are entitled to file a wrongful death claim against those accountable for the death of their loved one. Eligible parties are the following:

• Spouse or domestic partner:  The deceased’s legal spouse or registered domestic partner.
• Children:  Biological or legally adopted children.
• Parents:  If there’s no surviving spouse or children, the parents can file a claim.
• Other dependents:  People who were financially dependent on the deceased, like stepchildren, may also be eligible.

When multiple people are eligible to file, such as a spouse and children, the relationship to the deceased can affect how the settlement is divided. Typically, spouses and children get a larger portion of the settlement. Unique situations, like estranged relationships, can also impact how the compensation is distributed.

If you believe you’re entitled to file a wrongful death claim, reach out to a team of experienced Fresno wrongful death lawyers from Thompson Law to protect your legal rights.

What is a Typical Wrongful Death Claim Settlement in Fresno?

Wrongful death settlements in Fresno can vary widely, ranging from $30,000 to over $1 million. Several factors influence how much a case is worth, such as:

• Medical expenses:  Any medical costs the deceased incurred before passing away will be included in the settlement.
• Type of accident and cause of death:  Deaths from accidents where there’s a lot of suffering tend to lead to higher settlements than those where death was immediate. If family members witnessed the incident, they might have a separate claim as well.
• Age and health of the deceased:  Younger people tend to result in higher settlements due to their lost potential and future earnings. However, if the deceased was a young child, the settlement might be evaluated differently.
• Income and retirement proximity:  People with higher earnings and more years left to work usually result in larger settlements.
• Defendant’s insurance coverage:  In car accidents, the settlement can be limited by the at-fault driver’s insurance. Cases involving larger companies or commercial vehicles may result in higher payouts due to larger insurance policy limits.
• Circumstances of the accident:  If the death was caused by reckless or intentional actions, such as drunk driving, Fresno allows for punitive damages to increase the settlement amount.
• Number of dependents:  If the deceased supported multiple family members, the settlement will account for the financial loss suffered by the dependents.

While no amount of money can replace the loss of a loved one, financial compensation can help ease the burden. If you’ve lost someone due to negligence, reach out to our Fresno wrongful death attorneys for a free consultation.

What Should I Do After a Wrongful Death in Fresno?

Losing someone you love is never easy, and dealing with the aftermath can be overwhelming. Here’s what you can do to protect your family’s rights and take steps toward justice:

• Seek emotional support:  Lean on family, friends, or professionals to help you cope with the grief.
• Gather important documents:  Get the death certificate and medical records to confirm the cause of death and any circumstances around it.
• Notify authorities:  If the death was caused by something suspicious or illegal, let the authorities know.
• Collect evidence:  Gather any statements from witnesses, photographs, or videos that may help support your case.
• Consult an attorney before settling:  Don’t agree to an insurance company’s offer without consulting a lawyer. Initial offers can be much lower than what you may be entitled to.
• Contact a knowledgeable lawyer:  Our Fresno wrongful death attorneys can help you understand your rights and explore options for compensation.

At Thompson Law, we understand how overwhelming this time can be. Let us handle the legal side of things so you can focus on your family. Reach out to us today for support and guidance with our FREE CONSULTATION.

Determining Fault in a Wrongful Death Case in Fresno

To prove fault in a wrongful death case, your legal team will need to gather strong evidence showing that someone was negligent. Here are types of evidence that can help:

• Witness statements:  Accounts from people who saw the incident.
• Official reports:  Police or other official records of what happened.
• Visual evidence:  Photos or videos of the accident scene.
• Medical records:  Documentation that links the death to the accident.

To demonstrate negligence, your legal team must prove that the at-fault party:

• Owed a duty of care:  They had a responsibility to ensure the safety of the deceased.
• Broke that duty:  They failed in that responsibility by acting recklessly or negligently.
• Caused the fatal incident:  Their actions or failure to act directly led to the death.
• Resulted in damages:  The death caused emotional, financial, or other harm to the family.

At Thompson Law, you can count on us for gathering the evidence needed to build a strong case for justice and fair compensation. Contact us and get a FREE CONSULTATION to find out how we can help you during this difficult time.

What is Required to File a Wrongful Death Lawsuit in Fresno?

To pursue a wrongful death lawsuit in Fresno, you have to show that:

• Another party caused the death:  The death must have been due to someone else’s negligence or intentional actions.
• Eligible family members suffered losses:  You need to prove that surviving family members have suffered financial or emotional harm due to the death. This typically includes the deceased’s spouse, domestic partner, children, and sometimes other dependents or heirs.

If your loved one passed away due to someone else’s negligence, make sure you consult with an experienced Fresno wrongful death lawyer as soon as possible. Thompson Law can help you understand your options and the steps you need to take. Contact us to get a FREE CONSULTATION.

Types of Damages Available in a Fresno Wrongful Death Lawsuit

When someone dies because of another person’s negligence, their family may be entitled to financial compensation. In Fresno, wrongful death claims typically include:

Economic Damages

• Medical Expenses:  Costs for hospital stays, surgeries, medications, and treatments before death.
• Funeral and Burial Costs:  Expenses for memorial services, caskets, burial plots, and other arrangements.
• Lost Income:  Wages the deceased would have earned, including future earnings, benefits, and retirement contributions.
• Loss of Services:  The financial value of household contributions, such as childcare, home maintenance, and caregiving.

Non-Economic Damages

• Pain and Suffering:  If the deceased experienced conscious pain before passing, their estate may receive compensation.
• Mental Anguish:  Emotional distress suffered by surviving family members.
• Loss of Companionship:  The absence of a spouse, child, or parent can deeply affect daily life and emotional well-being.
• Loss of Consortium:  Compensation for the loss of intimacy and affection between spouses.
• Loss of Parental Guidance:  If a child loses a parent, they may receive compensation for the loss of emotional support and mentorship.

The amount awarded in a wrongful death case depends on the specific details. An experienced Fresno wrongful death lawyer can help calculate the full extent of your losses and make sure you receive fair compensation. Contact us to get a FREE CONSULTATION.

Survival Actions According to Fresno Wrongful Death Lawyers

Survival actions must be filed within the same statute of limitations as the original injury claim, which is typically two years from the date of the accident.

A survival action allows the estate of a deceased person to recover damages they could have claimed if they had survived. Unlike wrongful death claims, which provide compensation to surviving family members, survival actions focus on the losses suffered by the deceased before death.

Compensation in a survival action may include:

• Medical bills from treatment before death.
• Lost wages the deceased would have earned between the injury and death.
• Property damage caused by the accident.
• Pain and suffering if the deceased was conscious and suffered before passing.

Only the executor or administrator of the estate can file a survival action. If the deceased had a will, the executor handles this process. If there is no will, Fresno’s intestacy laws determine who receives any compensation.

Survival actions must be filed within the same statute of limitations as the original injury claim, usually two years from the accident date. If you think a survival action applies to your case, contact a Fresno wrongful death attorney to get a FREE CONSULTATION as soon as possible.

How Probate Works in Fresno

Probate is the legal process of transferring a deceased person’s assets to heirs or beneficiaries. It also ensures that debts and taxes are paid before the distribution of property. The process depends on whether the deceased had a will or died intestate (without a will).

What is Included in an Estate?

An estate consists of everything a person owned at the time of their death, including:

• Real property:  Land, houses, and buildings.
• Personal property:  Cars, jewelry, furniture, and bank accounts.

Formal Probate in Fresno

If the estate exceeds the small estate limits set by California law, a formal probate proceeding is required. This process involves filing one of the following petitions with the Fresno County Probate Court:

• Petition for Letters Testamentary (if there is a will).
• Petition for Letters of Administration with Will Annexed (if there is a will but no named executor).
• Petition for Letters of Administration (if there is no will).

What Happens if There is a Will?

The custodian of the will (the person who has possession of it) must file the original will with the Fresno County Probate Clerk’s Office within 30 days of the decedent’s death. A copy must also be sent to the executor named in the will.

The executor is responsible for:

• Managing the estate.
• Paying debts and taxes.
• Distributing property according to the will.

If the custodian fails to submit the will on time, they may be held liable for damages.

What Happens if There is No Will?

If there is no will and formal probate is needed, the court appoints an administrator to handle the estate. The surviving spouse has the highest priority for this role. If they decline, then another family member may be appointed.

Getting the Support You Need After Losing a Loved One

Losing a loved one due to someone else’s negligence is heartbreaking and overwhelming. While no legal action can replace them, seeking justice can provide financial stability and hold the responsible party accountable. If your family member’s death was caused by another’s actions, a wrongful death attorney from Thompson Law can guide you through the process and make sure you don’t experience stress from it. Contact us today for a FREE CONSULTATION. 

FAQs About Wrongful Death Cases in Fresno

What compensation can be recovered in a Fresno wrongful death case?

If you lost a loved one in Fresno because of someone else’s negligence, you may be able to get compensation. This can cover medical bills for any treatment the deceased received before passing, as well as funeral and burial costs. If they were working, their lost income and future earnings may also be included. Families can also seek compensation for the loss of companionship, emotional support, and household services the deceased provided, like childcare or home maintenance. In cases where the responsible party acted recklessly, such as driving drunk, the court may also award punitive damages. The exact amount depends on the details of the case.

Can I file a wrongful death claim if the deceased had no income?

Yes, wrongful death claims are not just about lost wages. Even if the person who passed away didn’t have an income, their loss can still have a big emotional and practical impact on their family. A spouse or child may be compensated for the loss of love, support, and guidance. The claim can also cover funeral expenses and any medical bills from before their passing.

What happens if the at-fault party in a wrongful death case has no insurance?

If the person responsible for the death doesn’t have insurance, there are still options. There may be cases wherein you may be able to file a claim against their personal assets. There may also be other parties who are legally responsible, depending on what happened. If the deceased had their own insurance policy, it might offer coverage, like uninsured motorist benefits. Speaking with an attorney can help you figure out the best way to move forward.

Can multiple family members file separate wrongful death claims?

No, Fresno law requires that all eligible family members be part of a single wrongful death claim. This helps ensure that compensation is divided fairly. The claim is usually handled by a personal representative, who files it on behalf of the family. When the court decides how much to award, they consider each family member’s relationship with the deceased.

What if the deceased was partially at fault for the accident?

Fresno follows comparative negligence laws, which means compensation can still be awarded even if the deceased was partly to blame. However, the total amount will be reduced based on their level of responsibility. For example, if they were found to be 20% at fault, the final settlement would be reduced by 20%. An attorney can help determine how fault might affect your case and work to get the highest possible settlement.

Are wrongful death settlements taxable in Fresno?

In most cases, wrongful death settlements in Fresno are not taxable. Compensation for medical expenses, funeral costs, and pain and suffering is usually tax-free. However, there are exceptions. If the settlement includes punitive damages, which are meant to punish the responsible party, those may be taxed. If the case takes a long time to settle and the settlement collects interest, that interest may also be taxed. To avoid any surprises, it’s a good idea to speak with a tax professional or an attorney.