THE STOCKTON PERSONAL INJURY ATTORNEY WITH A REPUTATION YOU CAN TRUST
Stockton Wrongful Death Law
Stockton Wrongful Death Law
Stockton Wrongful Death Law
Understanding Your Legal Rights After a Tragic Loss
Understanding Your Legal Rights After a Tragic Loss
Understanding Your Legal Rights After a Tragic Loss
If you’ve lost a loved one due to someone else’s negligence, you may have the right to file a wrongful death claim in California. Learn what these cases involve and how a Stockton wrongful death lawyer can help your family pursue justice.
If you’ve lost a loved one due to someone else’s negligence, you may have the right to file a wrongful death claim in California. Learn what these cases involve and how a Stockton wrongful death lawyer can help your family pursue justice.
If you’ve lost a loved one due to someone else’s negligence, you may have the right to file a wrongful death claim in California. Learn what these cases involve and how a Stockton wrongful death lawyer can help your family pursue justice.
Written by Noah Schwinghamer | 19 December 2025
Written by Noah Schwinghamer | 19 December 2025
Written by Noah Schwinghamer | 19 December 2025
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What is a Wrongful Death Case?
What is a Wrongful Death Case?
What is a Wrongful Death Case?
A wrongful death claim arises when someone’s careless, reckless, or intentional act causes the death of another person. Under California law, certain surviving family members have the right to bring a civil claim for the financial and emotional harm caused by that death.
Common causes of wrongful death lawsuits include:
Car, truck, or motorcycle accidents
Pedestrian or bicycle collisions.
Drowning deaths in swimming pools.
Dangerous property conditions (slip and fall, negligent security, etc.)
Medical malpractice or nursing home neglect.
Workplace accidents or defective products.
While no amount of money can replace a loved one, a wrongful death claim can hold the responsible party accountable and help families recover critical financial support.
A wrongful death claim arises when someone’s careless, reckless, or intentional act causes the death of another person. Under California law, certain surviving family members have the right to bring a civil claim for the financial and emotional harm caused by that death.
Common causes of wrongful death lawsuits include:
Car, truck, or motorcycle accidents
Pedestrian or bicycle collisions.
Drowning deaths in swimming pools.
Dangerous property conditions (slip and fall, negligent security, etc.)
Medical malpractice or nursing home neglect.
Workplace accidents or defective products.
While no amount of money can replace a loved one, a wrongful death claim can hold the responsible party accountable and help families recover critical financial support.
A wrongful death claim arises when someone’s careless, reckless, or intentional act causes the death of another person. Under California law, certain surviving family members have the right to bring a civil claim for the financial and emotional harm caused by that death.
Common causes of wrongful death lawsuits include:
Car, truck, or motorcycle accidents
Pedestrian or bicycle collisions.
Drowning deaths in swimming pools.
Dangerous property conditions (slip and fall, negligent security, etc.)
Medical malpractice or nursing home neglect.
Workplace accidents or defective products.
While no amount of money can replace a loved one, a wrongful death claim can hold the responsible party accountable and help families recover critical financial support.
Compassionate Legal Guidance After a Wrongful Death
Schwinghamer Law represents families in wrongful death cases with compassion, clarity, and determined advocacy, helping them pursue accountability and financial stability during a difficult time.
Compassionate Legal Guidance After a Wrongful Death
Schwinghamer Law represents families in wrongful death cases with compassion, clarity, and determined advocacy, helping them pursue accountability and financial stability during a difficult time.
Compassionate Legal Guidance After a Wrongful Death
Schwinghamer Law represents families in wrongful death cases with compassion, clarity, and determined advocacy, helping them pursue accountability and financial stability during a difficult time.
Wrongful Death vs. Survival Action?
Wrongful Death vs. Survival Action?
Wrongful Death vs. Survival Action?
There are two types of “wrongful death” claims which can be filed in California. The first is simply called a “wrongful death” and the second is called a “survival action.”
Wrongful Death (Code of Civil Procedure § 377.60): This is a claim designed to compensate family members of the deceased for their own losses, including financial support, gifts, benefits, funeral/burial expenses, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Survival Action (Code of Civil Procedure § 377.30): This is a claim designed to compensate for the deceased’s losses, including medical bills, lost wages, and in some cases, compensation for pain and suffering preceding death.
Why Two Types of Claims?
The two different types of claims are designed to compensate the families of the deceased for different harms and losses. Typically, the family members will be the plaintiffs (the people filing the lawsuit) and they will file both claims at the same time.
There are two types of “wrongful death” claims which can be filed in California. The first is simply called a “wrongful death” and the second is called a “survival action.”
Wrongful Death (Code of Civil Procedure § 377.60): This is a claim designed to compensate family members of the deceased for their own losses, including financial support, gifts, benefits, funeral/burial expenses, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Survival Action (Code of Civil Procedure § 377.30): This is a claim designed to compensate for the deceased’s losses, including medical bills, lost wages, and in some cases, compensation for pain and suffering preceding death.
Why Two Types of Claims?
The two different types of claims are designed to compensate the families of the deceased for different harms and losses. Typically, the family members will be the plaintiffs (the people filing the lawsuit) and they will file both claims at the same time.
There are two types of “wrongful death” claims which can be filed in California. The first is simply called a “wrongful death” and the second is called a “survival action.”
Wrongful Death (Code of Civil Procedure § 377.60): This is a claim designed to compensate family members of the deceased for their own losses, including financial support, gifts, benefits, funeral/burial expenses, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Survival Action (Code of Civil Procedure § 377.30): This is a claim designed to compensate for the deceased’s losses, including medical bills, lost wages, and in some cases, compensation for pain and suffering preceding death.
Why Two Types of Claims?
The two different types of claims are designed to compensate the families of the deceased for different harms and losses. Typically, the family members will be the plaintiffs (the people filing the lawsuit) and they will file both claims at the same time.
“Having an advocate who understands both the legal system and the emotional weight of these cases allows families to focus on healing while their attorney fights for justice."
“Having an advocate who understands both the legal system and the emotional weight of these cases allows families to focus on healing while their attorney fights for justice."
“Having an advocate who understands both the legal system and the emotional weight of these cases allows families to focus on healing while their attorney fights for justice."
Who Can File a Wrongful Death Claim in California?
Who Can File a Wrongful Death Claim in California?
Who Can File a Wrongful Death Claim in California?
The law allows only certain people to bring a wrongful death claim. Typically, these include:
The spouse or domestic partner of the deceased.
Children (including stepchildren or those financially dependent).
Parents, if there are no surviving children.
In some cases, other relatives who were financially dependent on the deceased.
Each eligible person has the right to join in a single lawsuit to recover compensation for their losses.
The law allows only certain people to bring a wrongful death claim. Typically, these include:
The spouse or domestic partner of the deceased.
Children (including stepchildren or those financially dependent).
Parents, if there are no surviving children.
In some cases, other relatives who were financially dependent on the deceased.
Each eligible person has the right to join in a single lawsuit to recover compensation for their losses.
The law allows only certain people to bring a wrongful death claim. Typically, these include:
The spouse or domestic partner of the deceased.
Children (including stepchildren or those financially dependent).
Parents, if there are no surviving children.
In some cases, other relatives who were financially dependent on the deceased.
Each eligible person has the right to join in a single lawsuit to recover compensation for their losses.
What Damages Can Families Recover?
What Damages Can Families Recover?
What Damages Can Families Recover?
A successful wrongful death case may include compensation for both economic and non-economic damages, such as:
Economic losses:
Funeral and burial expenses
Lost financial support the deceased would have provided
The value of household services
Medical bills incurred before death
Non-economic losses:
Loss of love, companionship, comfort, care, assistance, protection, affection, and moral support
Emotional suffering and grief (California allows recovery for these in certain cases)
In some situations — such as DUI crashes or gross negligence — punitive damages may also be available.
A successful wrongful death case may include compensation for both economic and non-economic damages, such as:
Economic losses:
Funeral and burial expenses
Lost financial support the deceased would have provided
The value of household services
Medical bills incurred before death
Non-economic losses:
Loss of love, companionship, comfort, care, assistance, protection, affection, and moral support
Emotional suffering and grief (California allows recovery for these in certain cases)
In some situations — such as DUI crashes or gross negligence — punitive damages may also be available.
A successful wrongful death case may include compensation for both economic and non-economic damages, such as:
Economic losses:
Funeral and burial expenses
Lost financial support the deceased would have provided
The value of household services
Medical bills incurred before death
Non-economic losses:
Loss of love, companionship, comfort, care, assistance, protection, affection, and moral support
Emotional suffering and grief (California allows recovery for these in certain cases)
In some situations — such as DUI crashes or gross negligence — punitive damages may also be available.
How a Wrongful Death Lawyer Can Help
How a Wrongful Death Lawyer Can Help
How a Wrongful Death Lawyer Can Help
Wrongful death cases are complex. They require an understanding of both liability law and insurance coverage, along with the ability to navigate probate and civil procedures simultaneously.
Wrongful death cases are complex. They require an understanding of both liability law and insurance coverage, along with the ability to navigate probate and civil procedures simultaneously.
Wrongful death cases are complex. They require an understanding of both liability law and insurance coverage, along with the ability to navigate probate and civil procedures simultaneously.
Wrongful Death Swimming Pool Drowning Cases
If someone you love drowned in a swimming pool, you may have grounds for a wrongful death claim. Learn how California law holds pool owners, property managers, and others accountable for preventable drownings in Stockton.
Wrongful Death Swimming Pool Drowning Cases
If someone you love drowned in a swimming pool, you may have grounds for a wrongful death claim. Learn how California law holds pool owners, property managers, and others accountable for preventable drownings in Stockton.
Wrongful Death Swimming Pool Drowning Cases
If someone you love drowned in a swimming pool, you may have grounds for a wrongful death claim. Learn how California law holds pool owners, property managers, and others accountable for preventable drownings in Stockton.
How Long Do You Have to File a Wrongful Death Claim in California?
How Long Do You Have to File a Wrongful Death Claim in California?
How Long Do You Have to File a Wrongful Death Claim in California?
The statute of limitations for most wrongful death cases is two years from the date of death.
However, special rules apply to:
Claims against government entities (6 months)
Medical malpractice (3 years from injury or 1 year from discovery)
Because deadlines can be complex, families should speak with an attorney as soon as possible to protect their rights.
The statute of limitations for most wrongful death cases is two years from the date of death.
However, special rules apply to:
Claims against government entities (6 months)
Medical malpractice (3 years from injury or 1 year from discovery)
Because deadlines can be complex, families should speak with an attorney as soon as possible to protect their rights.
The statute of limitations for most wrongful death cases is two years from the date of death.
However, special rules apply to:
Claims against government entities (6 months)
Medical malpractice (3 years from injury or 1 year from discovery)
Because deadlines can be complex, families should speak with an attorney as soon as possible to protect their rights.
Frequently Asked Questions
Frequently Asked Questions
Frequently Asked Questions
Q: How much is a wrongful death case worth?
A: The value depends on many factors — such as the decedent’s income, life expectancy, and the emotional losses suffered by family members. Every case is unique, however settlements and verdicts in the millions of dollars are not uncommon.
Q: Do we have to go to court?
A: Not always. Many wrongful death claims settle out of court through negotiation or mediation, but your attorney should be ready to try the case if necessary.
Q: What if the at-fault person was never charged with a crime?
A: A civil wrongful death lawsuit is separate from any criminal case. You can pursue compensation even if no criminal charges were filed or if the defendant was acquitted.
Q: How much is a wrongful death case worth?
A: The value depends on many factors — such as the decedent’s income, life expectancy, and the emotional losses suffered by family members. Every case is unique, however settlements and verdicts in the millions of dollars are not uncommon.
Q: Do we have to go to court?
A: Not always. Many wrongful death claims settle out of court through negotiation or mediation, but your attorney should be ready to try the case if necessary.
Q: What if the at-fault person was never charged with a crime?
A: A civil wrongful death lawsuit is separate from any criminal case. You can pursue compensation even if no criminal charges were filed or if the defendant was acquitted.
Q: How much is a wrongful death case worth?
A: The value depends on many factors — such as the decedent’s income, life expectancy, and the emotional losses suffered by family members. Every case is unique, however settlements and verdicts in the millions of dollars are not uncommon.
Q: Do we have to go to court?
A: Not always. Many wrongful death claims settle out of court through negotiation or mediation, but your attorney should be ready to try the case if necessary.
Q: What if the at-fault person was never charged with a crime?
A: A civil wrongful death lawsuit is separate from any criminal case. You can pursue compensation even if no criminal charges were filed or if the defendant was acquitted.
"When it comes to litigating wrongful death cases, experience matters. Wrongful death cases are deceptively complex, and the law is constantly changing."
"When it comes to litigating wrongful death cases, experience matters. Wrongful death cases are deceptively complex, and the law is constantly changing."
"When it comes to litigating wrongful death cases, experience matters. Wrongful death cases are deceptively complex, and the law is constantly changing."
Choosing the Right Stockton Wrongful Death Attorney
Choosing the Right Stockton Wrongful Death Attorney
Choosing the Right Stockton Wrongful Death Attorney
Look for an attorney who:
Has experience handling complex personal injury and wrongful death litigation.
Offers personal attention and regular updates.
Works on a contingency fee basis (no fee unless you win).
Is local to Stockton and the surrounding San Joaquin County area, and understands local courts and juries.
At Schwinghamer Law, we believe in compassionate representation backed by tenacious advocacy. Every case is personal — and every family deserves to be heard.
When it comes to litigating wrongful death cases, experience matters. Wrongful death cases are deceptively complex, and the law is constantly changing.
Schwinghamer Law’s lead attorney Noah Schwinghamer, Esq. recently handled a wrongful death case in which he represented the family of a young man the died in a plane crash. The plane had other passengers who were represented by a large out-of-town law firm.
Mr. Schwinghamer had the knowledge and experience to not only file wrongful death and survival action claims, but to file a probate claim against the defendant’s estate. The out-of-town law firm did not. This resulted in a settlement 5x larger for the Schwinghamer Law client.
Look for an attorney who:
Has experience handling complex personal injury and wrongful death litigation.
Offers personal attention and regular updates.
Works on a contingency fee basis (no fee unless you win).
Is local to Stockton and the surrounding San Joaquin County area, and understands local courts and juries.
At Schwinghamer Law, we believe in compassionate representation backed by tenacious advocacy. Every case is personal — and every family deserves to be heard.
When it comes to litigating wrongful death cases, experience matters. Wrongful death cases are deceptively complex, and the law is constantly changing.
Schwinghamer Law’s lead attorney Noah Schwinghamer, Esq. recently handled a wrongful death case in which he represented the family of a young man the died in a plane crash. The plane had other passengers who were represented by a large out-of-town law firm.
Mr. Schwinghamer had the knowledge and experience to not only file wrongful death and survival action claims, but to file a probate claim against the defendant’s estate. The out-of-town law firm did not. This resulted in a settlement 5x larger for the Schwinghamer Law client.
Look for an attorney who:
Has experience handling complex personal injury and wrongful death litigation.
Offers personal attention and regular updates.
Works on a contingency fee basis (no fee unless you win).
Is local to Stockton and the surrounding San Joaquin County area, and understands local courts and juries.
At Schwinghamer Law, we believe in compassionate representation backed by tenacious advocacy. Every case is personal — and every family deserves to be heard.
When it comes to litigating wrongful death cases, experience matters. Wrongful death cases are deceptively complex, and the law is constantly changing.
Schwinghamer Law’s lead attorney Noah Schwinghamer, Esq. recently handled a wrongful death case in which he represented the family of a young man the died in a plane crash. The plane had other passengers who were represented by a large out-of-town law firm.
Mr. Schwinghamer had the knowledge and experience to not only file wrongful death and survival action claims, but to file a probate claim against the defendant’s estate. The out-of-town law firm did not. This resulted in a settlement 5x larger for the Schwinghamer Law client.
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About the Author
About the Author
Noah Schwinghamer
Noah Schwinghamer
Noah Schwinghamer is the founding attorney of Schwinghamer Law in Stockton, California. With over a decade of experience in personal injury law, Noah is dedicated to helping individuals and families stand up to powerful insurance companies and recover the compensation they deserve. He has successfully taken on major insurers, Fortune 500 companies, and government entities — and has recovered millions of dollars for his clients. His mission is simple: leave every client better than he found them.
Noah Schwinghamer is the founding attorney of Schwinghamer Law in Stockton, California. With over a decade of experience in personal injury law, Noah is dedicated to helping individuals and families stand up to powerful insurance companies and recover the compensation they deserve. He has successfully taken on major insurers, Fortune 500 companies, and government entities — and has recovered millions of dollars for his clients. His mission is simple: leave every client better than he found them.
Noah Schwinghamer is the founding attorney of Schwinghamer Law in Stockton, California. With over a decade of experience in personal injury law, Noah is dedicated to helping individuals and families stand up to powerful insurance companies and recover the compensation they deserve. He has successfully taken on major insurers, Fortune 500 companies, and government entities — and has recovered millions of dollars for his clients. His mission is simple: leave every client better than he found them.
Contact a Stockton Wrongful Death Lawyer Today
Contact a Stockton Wrongful Death Lawyer Today
If you’ve lost a loved one due to negligence, you don’t have to face this process alone. Call Schwinghamer Law for a free, confidential consultation. We’ll explain your rights, help you understand what to expect, and guide your family every step of the way.
If you’ve lost a loved one due to negligence, you don’t have to face this process alone. Call Schwinghamer Law for a free, confidential consultation. We’ll explain your rights, help you understand what to expect, and guide your family every step of the way.
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© 2025 All Rights Reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2025 All Rights Reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Stockton Office
7400 Shoreline Dr.
Suite #5
Stockton, CA 95219
(209) 425-2520
Popular Links
Car Accident
Truck Accident
Airplane Accident
Head & Brain Injury
Spine Injury
Dog Bite
Wrongful Death
Company
Contact
About Us
FAQs
Case Results
Testimonials
Blog
© 2025 All Rights Reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.