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If your family has lost someone because of another party’s negligence, we are deeply sorry. When you are ready, we are here to listen, to explain your options, and to carry the legal weight so you can focus on your family.
In the meantime:
California Code of Civil Procedure § 377.60 sets out who is statutorily entitled to bring a wrongful death claim. The statute is precise, and order matters. In most cases the closest surviving family members have the right to file. We help families confirm standing before any filing is made.
A legally married spouse, or a registered domestic partner, has the primary right to bring a wrongful death claim under § 377.60.
Biological and legally adopted children may file. In some circumstances, stepchildren who were financially dependent on the decedent may also have standing.
If the decedent has no living children, grandchildren of any predeceased child may step into that line and bring the claim.
Parents who were financially dependent on the decedent for support may have standing under the statute.
A person who in good faith believed they were married to the decedent (a putative spouse), as well as certain other family or household members who were financially dependent, may also be entitled to file.
California law allows two distinct claims arising from a single death. They are often pursued together, but they belong to different parties and recover different categories of loss.
Most cases involve both claims filed together. We coordinate the claims, the family, and, where needed, the probate appointment so nothing is missed.
The circumstances vary, but the legal framework is consistent: someone owed your loved one a duty of care, that duty was breached, and the breach caused the death. The cases we see most often in Antioch include:
High-speed collisions on the Hwy 4 corridor, including commercial truck crashes governed by federal trucking regulations.
Crossings on Lone Tree Way, Hillcrest Avenue, and the older grid streets near downtown Antioch are recurring sites of pedestrian fatalities.
Catastrophic motorcycle crashes, often involving driver inattention, unsafe lane changes, or left-turning vehicles failing to yield.
Construction accidents, equipment failures, and third-party negligence on Antioch jobsites. Workers’ compensation may apply, but a separate civil claim is often available against responsible third parties.
Vehicle defects, failed safety equipment, and dangerous consumer products. Manufacturers can be held strictly liable under California product liability law.
Misdiagnosis, surgical errors, medication mistakes, and failures to monitor at hospitals and care facilities serving the Antioch area.
California recognizes two broad categories of damages in a wrongful death case. The aim is to provide some measure of stability for surviving family members, not to place a value on a person’s life.
California’s deadlines for wrongful death claims are strict. Missing them typically forecloses the claim altogether, regardless of the underlying merits.
From the date of death (Cal. Code Civ. Proc. § 335.1)
If Caltrans, City of Antioch, or Contra Costa County may be responsible (Cal. Gov. Code § 911.2)
Some cases (medical negligence, latent product defects) involve additional notice requirements
The first weeks are not the time to think about lawsuits. But there are a small number of practical steps that protect the family’s legal options when you are ready to consider them.
Insurance companies often move quickly to resolve wrongful death claims, sometimes within days, for a small fraction of what the family is legally entitled to. They know grieving families may not yet understand their rights, who is entitled to file, or the long-term financial losses involved. Please don’t sign anything or accept any check until you have had a private conversation with a wrongful death attorney.
We try to keep the legal process as quiet as possible for the family. Most of it happens behind the scenes; we step forward only when decisions need to be made.
A confidential conversation, in person or by phone, at no cost. We listen to what happened, answer your questions, and help you understand the family’s options. There is no obligation to retain us.
We obtain the police or CHP report, the Contra Costa County Coroner’s file, autopsy results, witness statements, and any available video. Where appropriate, we engage accident reconstructionists and medical specialists.
Drivers, employers, vehicle owners, manufacturers, property owners, government entities, so the family’s recovery is not capped at a single insurance policy.
Once the picture is complete, we present a comprehensive demand to the responsible insurers and negotiate on the family’s behalf.
If a fair resolution is not offered, we file suit in Contra Costa County Superior Court at the Wakefield Taylor Courthouse in Martinez. Most cases still resolve without trial.
Outstanding liens are resolved, and the recovery is allocated among the statutory heirs, by agreement among the family where possible, or by the court where necessary.
More Antioch injury help:
California Code of Civil Procedure § 377.60 establishes who may file. The surviving spouse or domestic partner, the decedent’s children, and (if there are no children) grandchildren may bring a claim. Parents who were financially dependent, stepchildren, putative spouses, and others who were dependent on the decedent for support may also be entitled to file. We help families confirm standing before any filing is made.
Generally two years from the date of death (Cal. Code Civ. Proc. § 335.1). If a government entity such as Caltrans, the City of Antioch, or Contra Costa County may bear responsibility, a written government tort claim must be filed within six months (Cal. Gov. Code § 911.2). Missing these deadlines typically forecloses the claim entirely.
A wrongful death claim under § 377.60 is brought by the statutory heirs and does not itself require probate. A separate survival action, which recovers losses the decedent suffered before death, is brought by the personal representative of the estate, which generally does require a probate appointment. We coordinate both with the family and, where needed, with a probate attorney.
California treats wrongful death recoveries as a single lump sum allocated among the heirs based on each person’s individual losses, financial dependency, the closeness of the relationship, and the nature of the support the decedent provided. Allocation is often resolved by agreement among the family. When it cannot be, the court decides.
Multiple parties can be held jointly responsible. We investigate every potentially liable party, drivers, employers, vehicle owners, product manufacturers, property owners, and government entities, so the family’s recovery is not limited by a single insurance policy.
Possibly. California recognizes registered domestic partners and, in some circumstances, putative spouses (those who in good faith believed they were married). Children, parents who were financially dependent, and others who lived in the household and depended on the decedent for support may also have standing. We can walk you through the statute privately.
California uses pure comparative negligence. A wrongful death recovery can still be pursued even if the decedent shared some responsibility. The award is reduced by the decedent’s percentage of fault rather than barred. Please don’t assume the family has no claim.
When your family is ready, we are here to talk, privately, patiently, and without obligation. There is no fee unless we recover for the family.
Attorney Advertising. Scranton Law Firm, 2450 Stanwell Dr, Concord, CA 94520. Responsible attorney: Christian Scranton, California State Bar #196959. Prior results do not guarantee a similar outcome.