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Sacramento, CA

Sacramento Wrongful Death Lawyer

Lost a loved one because someone else was careless? We’re sorry. When you’re ready to talk, we’re here. 50+ years of experience. $1 billion+ recovered. No fee unless we win.

100% Confidential · No Fees Unless We Win · Available 24/7 · Bilingual (English/Spanish)

What Families Need to Know First

Under Cal. Code Civ. Proc. § 377.60, a wrongful death claim may be filed by the surviving spouse or domestic partner, the decedent’s children, and (in some circumstances) dependent parents, stepchildren, or others who relied on the decedent for support. The deadline is generally two years from the date of death; if a government entity such as Caltrans or the City of Sacramento is responsible, a written claim must be filed within six months. Both a wrongful death claim and a survival action (§ 377.30) are typically filed together. Consultations are private and at no cost. No fee unless we recover.

If you’re reading this page, something has happened that no website can fix. You’ve lost a husband, a wife, a child, a parent, a partner. You’re trying to think clearly about legal options while also planning a funeral, answering phone calls, and sitting with people who love you and don’t know what to say.

We don’t want to oversell what a lawsuit can do. It can’t undo what happened. It can’t bring your loved one home. What it can do — when it’s handled correctly — is hold the responsible party accountable, replace some of the financial security that was taken from your family, and give you the resources to take care of the people who depended on the person you lost.

We’ve been doing this work for more than 50 years. We’ve sat across from a lot of grieving Sacramento families. We will not rush you, we will not pressure you, and our consultation is always free and confidential. We know Sacramento — its courts, its Coroner’s process, and the way insurance companies try to undervalue the life of a person they’ve never met. When you’re ready, call us.

50+
Years

Experience

Representing California families in wrongful death cases since the 1970s

$1B+
Recovered

For Our Clients

Settlements and verdicts across California for injured and bereaved families

Free
Confidential

Consultation

No obligation, no pressure — just answers, when you need them

Who Can File a Sacramento Wrongful Death Claim

California Code of Civil Procedure § 377.60 sets out who is statutorily entitled to bring a wrongful death claim. The statute is precise — in most cases the closest surviving family members have the right to file. We help families confirm standing before any filing is made.

Surviving Spouse or Registered Domestic Partner

A legally married spouse or registered domestic partner has the primary right to bring a wrongful death claim under § 377.60.

Children of the Deceased — Biological and Legally Adopted

Biological and legally adopted children may file. Stepchildren who were financially dependent on the decedent may also have standing under certain circumstances.

Grandchildren, If the Deceased Child Predeceased the Decedent (Cal. CCP § 377.60)

If the decedent has no living children, grandchildren of any predeceased child may step into that line and bring the claim.

Dependent Parents

Parents who were financially dependent on the decedent for their support may have standing to file under the statute.

Minor Children Who Lived With and Were Dependent on the Decedent

Minors who lived in the decedent’s household for at least 180 days and who depended on the decedent for one-half or more of their support may also have a claim — even if not legal heirs.

Two Claims That Are Often Filed Together

People often use “wrongful death” as a catch-all, but California law recognizes two distinct claims arising from the same death. Both are typically filed together in one lawsuit — they cover different losses and belong to different parties.

Wrongful Death Claim vs. Survival Action

Wrongful Death Claim (Cal. CCP § 377.60) — brought by the surviving family for their own losses: financial support the decedent would have provided, funeral and burial expenses, and the loss of the decedent’s love, companionship, comfort, care, and society.

Survival Action (Cal. CCP § 377.30) — brought by the personal representative of the decedent’s estate for what the decedent suffered between injury and death: medical expenses incurred before death, lost wages between injury and death, and (under recent California law) certain pre-death pain and suffering.

These claims are not duplicative. They cover different losses and are usually filed simultaneously. We evaluate both at intake and coordinate the filing, the heir structure, and — where needed — the probate appointment for the survival action.

Common Causes of Wrongful Death in Sacramento

The cases we see most often in Sacramento County — each involving a duty of care that was breached, causing a death:

Fatal Freeway Collisions on I-5, I-80, and US-50

High-speed multi-vehicle crashes on Sacramento’s major freight and commuter corridors. I-5 through downtown, the I-80 east-west artery, and US-50 out to the Sierra foothills are all sites of recurring fatal collisions.

Pedestrian Fatalities on Stockton Boulevard, Watt Avenue, and Florin Road

Sacramento’s surface corridors have some of the highest pedestrian fatality rates in the region. Drivers running red lights, making rolling right turns, or crossing into pedestrian paths are recurring patterns.

Fatal Commercial Truck Crashes on CA-99 and I-5

When an 80,000-pound rig hits a passenger vehicle, the injuries are often unsurvivable. CA-99 agricultural freight and I-5 commercial traffic produce some of the most serious wrongful death cases we handle.

Medical Malpractice Deaths at Sacramento-Area Hospitals

Surgical errors, misdiagnoses, medication mistakes, and failures to monitor at Sacramento-area hospitals and care facilities. Medical malpractice wrongful death cases have separate procedural rules we will walk your family through.

Workplace Deaths — Construction, Agricultural, and Logistics

Construction accidents, equipment failures, and third-party negligence on Sacramento County jobsites. Workers’ compensation may be one source of recovery, but a separate civil wrongful death claim against third parties is often also available.

Government Entity Involved? The Deadline Is 6 Months, Not 2 Years

If the responsible party is the City of Sacramento, Sacramento County, Caltrans, or another government entity, you must file a government tort claim within 6 months of the date of death under California Government Code § 911.2. Missing this deadline permanently bars the claim against that entity — regardless of the underlying merits. Call us immediately if a government actor may have contributed to the death.

Economic Damages

California recognizes two broad categories of damages in a wrongful death case. Economic damages are the measurable financial losses to the family:

Lost Financial Support

The income, benefits, and gifts the decedent would reasonably have provided to the family over the remainder of their working life — valued using economic expert analysis and lifetime earnings projections.

Loss of Household Services

The reasonable value of childcare, home maintenance, cooking, eldercare, transportation, and the many other contributions a family member provides that carry real economic value even without a paycheck.

Funeral and Burial Costs

Reasonable funeral, burial, or cremation expenses incurred by the family — directly recoverable under California law.

Medical Expenses Incurred Before Death

Hospital and treatment costs between the time of injury and the death — typically recovered through the survival action filed simultaneously with the wrongful death claim.

Loss of Expected Inheritance

The reduction in the estate’s value caused by the premature death — savings, assets, and accumulated wealth that would have been preserved and passed to the family had the death not occurred.

Non-Economic Damages

Non-economic damages are the human losses — losses that don’t show up on a pay stub but are just as real and fully compensable under California law:

Loss of Love, Companionship, Comfort, and Affection

The loss of the relationship itself — the decedent’s presence in daily life, their counsel, their voice, their company. Building the evidence that puts the value of this relationship before a jury is one of the most important things we do.

Loss of Moral Support and Guidance

The guidance and support a parent, spouse, or partner would have continued to provide — particularly significant in cases involving the death of a parent of minor children or a primary decision-maker in the family.

Mental Suffering of the Surviving Family Members

The grief, anxiety, and ongoing emotional harm to children, spouses, and dependent family members from the permanent loss of their person.

Loss of Consortium for Surviving Spouses and Domestic Partners

The loss of the marital or domestic-partner relationship — including companionship, cooperation, affection, and the full range of what a spousal relationship provides — is independently compensable.

How Your Sacramento Wrongful Death Case Works

We try to keep the legal process as quiet as possible for the family. Most of the work happens behind the scenes. We step forward only when decisions need to be made.

Step 1

Confidential Consultation

A private 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. No obligation to retain us.

Step 2

Investigation

We obtain the Sacramento County Coroner’s report, the CHP or Sacramento PD incident report, autopsy results, witness statements, and available video. Accident reconstruction experts are engaged when warranted.

Step 3

Case Valuation

We document economic losses (financial support, household services, funeral costs) and develop the evidence needed to value non-economic losses (companionship, guidance, love and care). Expert testimony is coordinated for families with minor children.

Step 4

Demand & Negotiation

Once the picture of liability and damages is complete, we send a comprehensive demand to the responsible insurers and negotiate firmly on the family’s behalf. Most cases resolve at this stage.

Step 5

Litigation at Sacramento County Superior Court

If a fair resolution is not offered, we file suit at the Gordon D. Schaber Sacramento County Courthouse, 720 9th Street. Willingness to try the case is what produces serious settlement offers.

Step 6

Recovery and Distribution

Settlement or verdict. 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.

Sacramento Wrongful Death Process

From your first call to resolution — here is the sequence of what happens, and what you can expect at each step:

1

Contact Us — Confidential, Free, No Pressure

Call 1-800-707-0707 or request a case review online. We listen first. There is no fee, no commitment, and no obligation. If we don’t think you have a case worth pursuing, we will tell you honestly.

2

We Gather Evidence — We Handle the Bureaucracy

We request the Sacramento County Coroner’s report, the police or CHP incident report, medical records, and any surveillance or scene documentation. You do not have to chase this paperwork yourself.

3

We Value the Claim

Working-life earnings analysis, dependency analysis for surviving children and spouses, household services valuation, and the full non-economic picture. We coordinate the economic experts and, where needed, probate counsel for the survival action.

4

We Pursue Accountability Through Settlement or Verdict

Settlement when the insurer pays what your family deserves. Verdict at the Gordon D. Schaber Sacramento County Courthouse when they don’t. We prepare every case as if it will go to trial.

Local Resources

Sacramento County Coroner, Courts & Law Enforcement

Sacramento County Coroner-Public Administrator — 4800 Broadway, Suite 100, Sacramento, CA 95820 · (916) 874-9320
Cause-of-death determinations, autopsy reports, and death certificates. Reports may take several weeks — we request and manage them for our clients.

Gordon D. Schaber Sacramento County Courthouse (Civil Division) — 720 9th Street, Sacramento, CA 95814
Where Sacramento wrongful death lawsuits are filed in Sacramento County Superior Court.

Sacramento Police Department — 5770 Freeport Blvd · (916) 808-5471 · City streets and surface roads

California Highway Patrol — Sacramento — 5109 Tyler Street · (916) 338-6710 · I-5, I-80, US-50, CA-99, Capital City Freeway

We pull these reports for our clients as part of intake. You don’t need to deal with the bureaucracy yourself.

Questions Families Often Ask

Who can file a wrongful death claim in California?
Under California Code of Civil Procedure § 377.60, the surviving spouse or registered domestic partner, the decedent’s children, and grandchildren of any deceased child have the primary right to file. Beyond that, dependent parents, stepchildren, putative spouses, and minors who lived in the decedent’s household and depended on them for at least half their support may also have standing. We help families confirm who qualifies before any filing is made.
What is the deadline to file a Sacramento wrongful death lawsuit?
Generally two years from the date of death under California Code of Civil Procedure § 335.1. If a government entity such as Caltrans, the City of Sacramento, or Sacramento County may bear responsibility, a written government tort claim must be filed within six months (Cal. Gov. Code § 911.2). Missing the six-month government-claim deadline permanently bars that portion of the case. Medical malpractice cases have separate timing rules. The clock starts at death — do not wait to call.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim under CCP § 377.60 is brought by the surviving family for their own losses — financial support, companionship, household services, funeral expenses. A survival action under CCP § 377.30 is brought by the decedent’s estate for what the decedent suffered between injury and death: pre-death medical bills, lost wages between injury and death, and certain pre-death pain and suffering under recent California law. They are different claims and are typically filed together in one lawsuit. We evaluate and coordinate both at intake.
What if a government entity like Caltrans or the City of Sacramento is responsible?
You must file a government tort claim within six months of the date of death under California Government Code § 911.2. Missing this deadline permanently bars the claim against that government entity — regardless of the underlying merits. If a road defect, signal failure, or government vehicle may have contributed to the death, call us immediately so we can evaluate and preserve your ability to file a government claim.
How are wrongful death damages calculated in California?
Economic damages include the financial support the decedent would have provided over their working life (calculated with economic expert analysis), the value of household services they provided, funeral and burial costs, and pre-death medical bills through the survival action. Non-economic damages include loss of love, companionship, comfort, affection, moral support, and guidance. California’s pure comparative negligence rule applies — even if the decedent was partly at fault, the family can still recover, with the award reduced by their percentage of fault rather than eliminated.
How much does it cost to hire a Sacramento wrongful death lawyer?
Nothing up front. Scranton Law works on contingency — our fee comes out of the recovery only if we win. We also front the costs of investigation, expert witnesses, accident reconstruction, and litigation. If we don’t recover for your family, you owe us nothing.

When You’re Ready, We’re Here.

No obligation. No pressure. Just answers, when you need them. There is no fee unless we recover for your family.

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100% Confidential · No fees unless we recover · Available 24/7 · Bilingual