When a Loved One Dies Because of Someone Else's Negligence, You Do Not Have to Face It Alone

Wrongful Death Lawyer Fresno and Visalia: Who Can File After a Fatal Crash

A wrongful death claim lets certain family members seek money after a person dies because another party’s wrongful act or negligence caused the death. This guide explains who can file, what the claim can cover, and the deadlines that matter most after a fatal crash in Fresno, Visalia, and nearby areas. Colvin Accident Lawyers is based in Bakersfield, California, and serves families in Fresno and Visalia. If you’re reading this after a loss, you’re likely dealing with grief and paperwork at the same time. This page is written to help you sort through the basics.

What Is a Wrongful Death Claim, and Who Does It Help?

A wrongful death claim asks a civil court for money to cover a family’s losses after a death caused by someone else’s negligence.

Fatal crashes take many forms. The firm handles wrongful death matters arising from car, truck, motorcycle, bicycle, pedestrian, and bus crashes. In Fresno and Visalia, these crashes can happen on city streets, county roads, and state highways.

Later sections explain who qualifies.

If someone you love died, the first weeks can feel like a blur. Families often plan funerals, answer insurance calls, and gather papers all at once. You don’t need to solve every question on day one.

Who Can File a Wrongful Death Claim in California?

California’s wrongful death statute names the family members who may bring the claim. The action can be brought by those people or by the decedent’s personal representative on their behalf (Code of Civil Procedure § 377.60). Under that statute, the group includes:

• A surviving spouse or domestic partner, and children.
• If there is no surviving issue of the decedent (which includes children of deceased children), the people who would inherit the decedent’s property under intestate succession (inheritance without a will).
• Parents, stepchildren, or a putative spouse (a person who believed in good faith the marriage was valid) who depended on the decedent. Guardians may qualify if the parents have died.
• A minor who lived in the decedent’s household for the previous 180 days and relied on the decedent for one-half or more of support.

A successor in interest can also bring the action if there is no personal representative (Code of Civil Procedure § 377.30).

Write down everyone who lived with or relied on the person who died. Under Code of Civil Procedure § 377.30, an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest, so these details matter early.

What Can a Family Recover After a Fatal Crash?

A family can seek money for losses caused by the death. A separate survival claim covers what the person lost before dying. Wrongful death claims seek money for the family’s own losses. Costs tied to the death, such as funeral bills, are commonly raised in these claims.

Survival damages work differently. Under Code of Civil Procedure § 377.34, the recoverable damages are the loss the decedent sustained or incurred before death. Damages for pain, suffering, or disfigurement are generally excluded. A narrow exception covers certain actions that received a preference before January 1, 2022, or were filed between January 1, 2022 and January 1, 2026.

What a family can recover turns on the facts of the crash, the decedent’s situation, and the evidence available. No lawyer can predict the outcome of a claim in advance.

Filing Deadlines: Two Years, and Six Months for Public Agencies

Most wrongful death lawsuits must be filed within two years (Code Civ. Proc. § 335.1). Claims against a city, county, or other public agency have a much shorter first step.

• Standard deadline. An action for death caused by another’s wrongful act or neglect must be brought within two years (Code of Civil Procedure § 335.1).
• Public agency claim. A claim for death must be presented not later than six months after the cause of action accrues (Government Code § 911.2). This can apply when a road or intersection maintained by a public entity played a role in the crash.
• Without that notice, the suit generally must be commenced within two years of accrual (Government Code § 335.1).
• One is that either a negligent or wrongful act or omission of an employee of the public entity within the scope of employment created the dangerous condition, or the entity had notice of the condition in time to protect against it (Government Code § 835).

Waiting can shrink the time left to act. Early review shows which deadline applies to your facts.

How a Fatal Crash Claim Usually Moves Forward

A claim usually moves through six stages, from first review to settlement or trial. Each case has its own timeline. The pace depends on the parties, the records, and court schedules.

1. First consultation. The family shares basic facts about the crash and the death. The firm reviews who may bring the claim and which deadlines apply.
2. Records and investigation. The file grows with the police or California Highway Patrol report, the death certificate, and coroner or medical examiner findings.
3. Finding responsible parties and insurance. This may include the at-fault driver, an employer, a vehicle owner, or a public agency.
4. Documenting losses. Funeral bills, lost income and support, and medical costs before death get organized.
5. Claim presentation and negotiation. The claim goes to insurers. If a fair resolution doesn’t come, a lawsuit may be needed. Judicial Council forms are used to file these lawsuits (California courts self-help guide).
6. Resolution. The case ends in a settlement or a trial.

What Evidence Should Families Gather Early?

Early evidence anchors the claim. Start with the crash report, the death certificate, and receipts tied to the death.

• The police or California Highway Patrol report number and a copy of the report, when available.
• The death certificate and any coroner or medical examiner records.
• Hospital and medical records from before the death.
• Funeral and burial receipts.
• Pay stubs, tax returns, or employer contact details that show income and support.
• Photos of the scene and vehicles.
• Names and phone numbers of witnesses.
• Any dashcam or phone video.
• The decedent’s phone and personal records, kept unchanged.
• A simple log of every insurance call, letter, and email.

Many families ask a lawyer to review the situation before giving a recorded statement to an insurance company.

Why Families in Fresno and Visalia Turn to Colvin Accident Lawyers

Colvin Accident Lawyers is based in Bakersfield, California. The firm represents accident victims and families in Kern County and nearby communities, including Fresno and Visalia.

Donald Norman Colvin is the lawyer responsible for this page. Our team includes assistants and office staff who help with the day-to-day work of a case.

The firm handles car, truck, motorcycle, bicycle, pedestrian, and bus accidents. It also handles catastrophic injury and wrongful death matters. Families looking for a wrongful death lawyer Fresno Visalia residents can count on want clear answers about who may file and when. Our team can explain each step in plain language, so you know what comes next.

Frequently Asked Questions About Fatal Crash Claims

Talk With Colvin Accident Lawyers About Your Family’s Situation

If a family member died in a crash in Fresno, Visalia, or nearby, you may have a claim worth reviewing. Questions about who may file, which deadlines apply, and what evidence to keep need answers soon. Colvin Accident Lawyers can review them with you in one conversation. Contact Colvin Accident Lawyers to begin.

Donald Norman Colvin, responsible lawyer. Colvin Accident Lawyers, Bakersfield, California — responsible for this site.