Folsom recorded 303 collision victims killed or injured on its roads in 2023 (OTS, 2023). When one of those collisions is fatal, and someone else’s negligence caused it, California law gives the surviving family two separate legal claims, not one. Most families are told about one. The difference between the two can be significant.
The wrongful death claim belongs to the surviving family for their own losses: the income that will not come, the companionship gone, the guidance a parent can no longer provide. The survival action belongs to the estate for what the decedent lost before death: medical expenses and wages from the accident through the moment of passing. Both can be filed simultaneously. Families who pursue only one leave the other uncompensated.
At the Law Offices of J.G. Winter, attorney Jeremy Winter, a Folsom wrongful death lawyer, handles these cases personally from 102 Natoma St, Folsom, CA 95630. He will identify both claims at the first consultation, explain what each covers, and tell you honestly what your family can pursue.
Call our Folsom office at (916) 702-7870 to discuss your case or schedule a free consultation online.
Why Folsom families choose Jeremy Winter for wrongful death cases:
- 20 years of personal injury experience handling serious and fatal accident claims
- $100M+ recovered for injured and bereaved California clients
- 4.9-star rating from 146+ verified client reviews
- 100% contingency fee: no attorney fee unless compensation is recovered
- 24/7 availability at (844) 734-2626
- Bilingual English/Spanish: full-service representation in both languages
The Result Far Exceeded My Expectations
I am beyond grateful for the exceptional service I received from JG Winter Law. From start to finish, their team was incredibly professional, supportive, and knowledgeable. They handled my personal injury case with great care and kept me informed every step of the way. Thanks to their hard work and dedication, I was able to achieve a fantastic result that far exceeded my expectations.
What is a wrongful death claim in California?
California Code of Civil Procedure §377.60 defines wrongful death as a death caused by the “wrongful act or neglect” of another person or entity. The claim belongs to the surviving family members, not to the estate, and compensates them for their own losses flowing from the death.
A wrongful death claim covers what the family has lost going forward. A survival action under CCP §377.30 covers the economic losses the decedent incurred before dying: the medical expenses from the accident to the moment of death and the wages lost during that period. For cases filed in 2026, pain and suffering are not recoverable in a survival action under CCP §377.34. Both claims can be pursued simultaneously, and in serious accident cases, the combined value of both is significantly higher than either claim alone.
What to do after a loved one’s wrongful death in Folsom
The hours and days after a fatal accident are the most important window for preserving your family’s legal rights. Grief is disorienting; this checklist gives you concrete steps to take before anything else.
- Do not speak with the at-fault party’s insurance company. Adjusters may contact you within hours of the death. You are not required to give a recorded statement, accept a condolence call, or provide any information before you have legal counsel.
- Preserve all physical evidence. Photographs, video, clothing, and physical objects connected to the accident should be preserved exactly as they are. Do not clean, repair, or discard anything related to the incident.
- Request the accident or incident report. For reports involving city streets in Folsom, submit an online records request through the Folsom Police Department. For collisions on Highway 50 or other state highways, contact the California Highway Patrol. Obtain a copy from any responding agency as early as possible.
- Gather the decedent’s financial records. Pay stubs, tax returns, employment contracts, benefits statements, and retirement account documents establish the economic losses your family has suffered and will suffer over time.
- Document the decedent’s contributions. Written records of the care, services, guidance, and support they provided, from childcare to household maintenance to financial contributions, are recoverable economic losses in California.
- Contact a wrongful death attorney before the deadlines run, and the evidence window closes. Accident scenes change, surveillance footage overwrites, and witnesses become harder to locate within days of a fatal collision. Speak to us in a free consultation before making any decisions about the case.
Who has the right to file a wrongful death lawsuit in California?
California Code of Civil Procedure §377.60 establishes a specific hierarchy for who may bring a wrongful death claim. The order matters because all eligible claimants must be joined in one lawsuit, and the proceeds are allocated among them.
First priority: The surviving spouse or domestic partner. If the decedent was married or in a registered domestic partnership, the spouse has the primary right to file.
Second priority: Children of the decedent, including adopted children. If the decedent had no surviving spouse but had children, the children hold the right to file.
Third priority: Issue of deceased children (grandchildren) if no surviving spouse or children exist.
Other eligible parties: Persons entitled to the decedent’s property under California’s intestate succession law if there is no surviving spouse or issue. Additionally, putative spouses, stepchildren, parents, and legal guardians may qualify if they were financially dependent on the decedent and meet specific statutory criteria.
Wrongful death vs. survival action: what’s the difference?
Wrongful death (CCP §377.60) is the family’s claim for what they have lost. It covers lost financial support the decedent would have provided over their remaining working life, the value of household services the decedent performed, funeral and burial expenses, loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, loss of guidance and nurturing for minor children, loss of consortium for the surviving spouse, and the value of gifts or inheritances the decedent would have provided over their projected lifetime.
Survival action (CCP §377.30) is the estate’s claim for the economic losses the decedent incurred before death. It covers medical expenses from the accident through the time of death and wages lost during that period. Under CCP §377.34, as California law stands for cases filed in 2026, pain and suffering are not recoverable in a survival action. A temporary statute, SB 447, allowed pre-death pain and suffering damages for cases filed between January 1, 2022, and December 31, 2025; that window closed without legislative extension. The survival action is filed by the estate’s personal representative, or if no personal representative has been appointed, by the decedent’s successor in interest.
These two claims measure entirely different losses and require different evidence. Conflating them produces an incomplete recovery. Jeremy will map both at the first consultation and tell you honestly what your family can pursue. Schedule a free consultation online.
Common causes of wrongful death cases in Folsom
Jeremy handles wrongful death cases arising from a wide range of incidents throughout Folsom and Sacramento County. The cause of death shapes the liability theory, the defendants involved, and the evidence required.
Motor vehicle accidents, including Folsom car accidents, truck, and motorcycle collisions on Highway 50, at the East Bidwell Street interchanges, and on Folsom surface streets, are the most common source of wrongful death claims the firm handles. A $3,500,000 commercial truck accident result reflects the severity these incidents can reach. For fatal accidents involving commercial trucks, Jeremy coordinates with a Folsom truck accident lawyer on the liability structure.
Workplace and construction accidents can produce wrongful death claims that run alongside workers’ compensation death benefits. The $19,000,000 construction accident result in the firm’s history reflects what the most severe construction fatalities can be worth when all liable parties are identified and pursued.
Medical malpractice produces wrongful death claims when a healthcare provider’s negligence causes a patient’s death. These cases involve a different liability framework, including California’s MICRA cap on non-economic damages in medical malpractice claims, and require expert medical testimony to establish the standard of care and its breach.
Premises liability, including slip and fall injury and fatalities, inadequate security resulting in assault, and swimming pool drownings, creates wrongful death exposure for property owners who failed their duty of care under California Civil Code §1714.
Defective products that fail catastrophically and cause fatal injuries create strict product liability claims against manufacturers, distributors, and sellers, independent of any negligence theory.
What compensation can surviving family members recover?
The value of a wrongful death claim reflects the specific losses the family has suffered and will continue to suffer as a result of the death. Jeremy evaluates every category before any demand is sent.
Economic damages recoverable in a wrongful death claim include the financial support the decedent would have provided over their remaining working life (calculated from earnings history, age, occupation, and work-life expectancy), the cash value of household services the decedent performed (childcare, cooking, home maintenance, transportation), funeral and burial expenses actually incurred, health insurance and pension benefits the family has lost, and the value of gifts or inheritances the decedent would have provided.
Non-economic damages recoverable in a wrongful death claim include loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; loss of the decedent’s training, guidance, and instruction for minor children; and loss of consortium for the surviving spouse. California imposes no cap on non-economic damages in wrongful death cases (as distinct from medical malpractice, which operates under MICRA).
Punitive damages are available in wrongful death cases only where the death resulted from a homicide for which the defendant has been convicted of a felony, under California Civil Code §3294(d). That is a narrow gate; a drunk driving vehicular manslaughter conviction is a common example, but a felony conviction unrelated to the death itself does not qualify. Punitive damages in wrongful death are fact-specific and generally not available in standard wrongful death claims; Jeremy will give you an honest assessment of whether they apply to your case.
What is not recoverable: California does not allow heirs to recover for their own grief, sorrow, or mental suffering as a standalone damages category. This is a fundamental limitation of California wrongful death law under CCP §377.60, and your family should understand it before forming expectations about what the claim can produce.
Like Having a Guardian Angel on My Shoulder
I want to thank Attorney Jeremy and his team at J.G. Winter Injury Lawyers for how much they have done for me. I can’t imagine going through this process alone. Having them in my corner was like having a guardian angel on my shoulder — I felt like I was part of their family. They are so kind and caring, yet aggressive and ready to fight for you when it comes to dealing with the insurance companies and greedy corporations. They really know their stuff, and won’t back down from anyone.
Will your case go to trial or settle?
The large majority of wrongful death cases in California resolve before trial through negotiated settlement or mediation. In Jeremy’s experience handling serious injury and wrongful death cases in Northern California over nearly 20 years, trial is the exception rather than the rule, but it is never off the table.
Jeremy prepares every wrongful death case as a trial case from the first consultation: identifying every liable party, building the damages model from economic expert projections, and retaining the expert witnesses who will explain the family’s losses to a jury. That preparation is what creates the negotiating leverage that produces fair results.
If the at-fault party was uninsured or underinsured, the calculus changes. Jeremy evaluates all available insurance coverage, including underinsured motorist coverage on the decedent’s own policy, before any strategy decisions are made. Learn more about how to negotiate with an insurance company that is offering less than the case is worth.
Insurance companies begin building their defense the day of the accident. Jeremy begins building yours from the first call. The consultation is free. No paperwork, no pressure, no commitment required before you speak with the attorney directly. Call (916) 702-7870 now.
How long do you have to file a wrongful death claim in California?
California Code of Civil Procedure §335.1 sets a two-year statute of limitations for wrongful death claims, running from the date of the person’s death. If your family misses the two-year window, the court will dismiss the claim regardless of how strong the evidence is.
Two exceptions families often miss:
- When a death resulted from medical negligence, the deadline is governed by CCP §340.5, not the standard two-year rule. The deadline is one year from the date the malpractice was discovered or reasonably should have been discovered, or three years from the date of the injury, whichever comes first.
- When a government entity may be responsible, the timeline is shorter. California Government Code §911.2 requires filing an administrative tort claim against any city, county, state agency, or public entity within six months of the death. This is not the two-year personal injury deadline. It is a separate, earlier requirement, and missing it bars recovery against the government entity in nearly all circumstances. A government-owned vehicle, a defective public road surface, or an accident on government-maintained property can each trigger this six-month clock.
California also applies pure comparative fault to wrongful death cases. Even if the decedent was partially responsible for the accident that caused their death, that does not bar the family’s claim. It reduces the recovery proportionally. If the decedent was found 30% at fault in a case worth $2,000,000, the family recovers $1,400,000. Partial fault by the decedent is an apportionment factor, not a defense.
For a full explanation of California’s timing rules in personal injury and wrongful death cases, see California personal injury statute of limitations.
Why hire Jeremy Winter for your Folsom wrongful death case?
Jeremy Winter handles every case personally. There are no associates assigned to your file, and no handoffs to other attorneys or paralegals after the first call. When you reach out, you work with the attorney who will be involved at every stage.
Jeremy lost his mother in a car accident when he was 18 years old. He knows what it means for a family to absorb that loss while also facing the legal and financial aftermath. That experience is the foundation of “I Care Because I’ve Been There”, and it is why he approaches wrongful death cases with a level of personal investment that is not common in personal injury practice.
The Law Offices of J.G. Winter operates on a contingency fee basis: no attorney fee unless compensation is recovered on your family’s behalf. Depending on the circumstances of your case, you may owe costs and expenses even if no recovery is obtained. Jeremy will explain the fee arrangement clearly before your family makes any decisions. Cases filed in Folsom are heard in Sacramento County Superior Court. As a Folsom personal injury attorney with nearly 20 years of experience in Northern California, Jeremy is familiar with the judges, procedures, and timelines your family’s case will move through.
The firm serves clients in both English and Spanish. For Spanish-speaking families in the Folsom area, Jeremy and his bilingual team are available for consultations in Spanish at any hour.
The office is at 102 Natoma St, Ste A, Folsom, CA 95630. Phone and video consultations are available 24/7 at (844) 734-2626.
Frequently asked questions
Who has priority to file a wrongful death lawsuit in California?
California Code of Civil Procedure §377.60 establishes the filing hierarchy. The surviving spouse or domestic partner has first priority. If no spouse exists, the decedent’s children may file. If no surviving spouse or children exist, the decedent’s issue (grandchildren from deceased children) may file. Beyond these, persons entitled to property through intestate succession, and in some cases, financially dependent putative spouses, stepchildren, or parents may qualify. All eligible claimants must be included in one lawsuit; they cannot file separate claims independently.
Can family members recover for emotional distress after a wrongful death in California?
Not as a standalone category. California wrongful death law under CCP §377.60 does not permit heirs to recover for their own grief, sorrow, or emotional distress caused by the loss. What is recoverable includes loss of companionship, love, moral support, and guidance. These are non-economic damages that acknowledge the emotional reality of the loss without labeling them as grief or distress claims. The distinction matters when setting expectations before any demand is sent.
Can I file a wrongful death claim without a criminal conviction?
Yes. The civil standard of proof, “preponderance of the evidence,” meaning more likely than not, is lower than the criminal standard of “beyond a reasonable doubt.” A person can be found civilly liable for a death even if criminal charges were not filed, resulted in an acquittal, or are still pending. The O.J. Simpson civil verdict is the most well-known illustration of this principle. A criminal outcome does not control or bar the wrongful death claim.
How long does a wrongful death lawsuit take in California?
Most cases resolve within one to three years. Simple cases with clear liability and cooperative insurance coverage sometimes settle faster; complex cases involving multiple defendants, disputed causation, or government entities can take longer. Jeremy will give your family an honest timeline estimate based on the specific facts of your case at the first consultation.
What if my loved one was partially at fault for the accident?
California follows the pure comparative fault rule established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Even if the decedent was partially responsible for the accident that caused their death, the family can still recover. The award is reduced proportionally by the decedent’s percentage of fault. If the decedent was 40% at fault in a case valued at $1,500,000, the family recovers $900,000. There is no fault threshold that bars the claim entirely.
Can we sue a government entity if its negligence caused the death?
Yes, but the procedure is different, and the timeline is significantly shorter. California Government Code §911.2 requires filing an administrative tort claim against any city, county, state agency, or public entity within six months of the death, not two years. Missing this deadline typically bars the claim against the government entity permanently. Jeremy moves immediately on government entity claims to ensure this six-month requirement is met.
How is the settlement divided among multiple family members?
When multiple heirs share in a wrongful death recovery, the allocation is either agreed upon among the family or determined by the court if the heirs cannot reach an agreement. Typically, the surviving spouse and minor children receive the largest shares, reflecting their dependence on the decedent. Adult children and other dependents receive proportionally smaller shares based on their individual losses. Jeremy coordinates this allocation process and can explain how courts approach disputed distributions.
What if the at-fault party was uninsured?
If the at-fault driver carried no insurance, the family may have claims against underinsured or uninsured motorist (UM/UIM) coverage on the decedent’s own auto policy. Additional claims may exist against other parties — the vehicle owner under California Vehicle Code §17150 if the owner permitted an uninsured driver to operate the vehicle, or against a third party whose negligence contributed to the accident. Jeremy evaluates all available insurance coverage before any strategy decisions are made.
How much does a wrongful death attorney charge in California?
Jeremy works on a contingency fee basis: no attorney fee is charged unless a recovery is obtained for your family. The percentage of the recovery that constitutes the fee is disclosed clearly in the written fee agreement that California law requires before representation begins. Depending on the case, clients may also owe litigation costs and expenses, for expert witnesses, court filings, and investigative work, even if no recovery is ultimately obtained. These terms will be explained at the first consultation. For more information, see the cost to hire a personal injury lawyer in California.
What is the average wrongful death settlement in California?
Wrongful death settlements in California vary significantly based on the decedent’s age, income, the number of dependents, the liability facts, and available insurance coverage. There is no formula. Cases involving working-age parents with minor children and clear liability can produce seven-figure recoveries; cases involving retired individuals with no dependents produce far less. Jeremy builds a damage model specific to your family’s losses at the first consultation, so you understand the realistic range before any demand is sent.
Speak with a Folsom wrongful death lawyer
Your family has two years from the date of the death to file a wrongful death claim under California law, and only six months if a government entity was involved. Evidence is perishable, witnesses’ memories fade, and accident scenes change quickly. The best time to contact a wrongful death attorney is now.
Jeremy Winter represents Folsom wrongful death families from his office at 102 Natoma St, Ste A, Folsom, CA 95630. The consultation is free and confidential. No fee is owed unless Jeremy recovers compensation for your family.
“I Care Because I’ve Been There.”
Call (916) 702-7870, available 24/7 at (844) 734-2626, or schedule a free consultation online.
If your family has lost a loved one to a traumatic brain injury caused by another person’s negligence, Jeremy also handles traumatic brain injury cases and can explain how TBI wrongful death claims differ from standard vehicle accident fatalities.
For cases involving catastrophic injury that did not result in death but have permanently altered a life, see the Folsom catastrophic injury lawyer page.
