Folsom Wrongful Death Lawyer

Wrongful Death Lawyer Folsom, CA

If you lost a family member because of someone else’s negligence in Folsom, you may be able to file a wrongful death lawsuit.

A wrongful death claim lets surviving family members pursue compensation from the person or company responsible. That might be a negligent driver, a property owner, a trucking company, or a healthcare provider who made a fatal error.

At Choulos & Tsoi Law Firm, our Folsom, CA wrongful death lawyer has handled these cases throughout California for over 35 years. We offer free consultations and charge no fees unless we recover money for you.

Why Choose Choulos & Tsoi Law Firm for Wrongful Death Cases in Folsom, California?

California Wrongful Death Experience

James Choulos has practiced personal injury and wrongful death law in California since 1990. He earned his J.D. from Santa Clara University School of Law and his undergraduate degree from UC Berkeley. He handles cases in the State Bar of California and the U.S. District Court for the Northern District of California. He also serves as a mediator for Marin Superior Court.

Victor Tsoi is a Managing Partner who graduated from Thomas Jefferson School of Law in 2011. He holds a B.A. in Mass Communications from UC Berkeley and practices before the U.S. District Courts for the Northern and Southern Districts of California. Victor volunteers with Mothers Against Drunk Driving, an organization that supports families affected by impaired drivers.

Both attorneys belong to the San Francisco Trial Lawyers Association, Consumer Attorneys of California, Consumer Attorneys Association of Los Angeles, the Beverly Hills Bar Association, and the American Association for Justice. If you need a personal injury lawyer in Folsom, CA, we bring that same dedication to every case.

Results for Families

Our firm has recovered millions of dollars for clients throughout California, including families who lost loved ones due to negligence.

We secured a $10 million settlement in a medical malpractice case. We obtained $1.3 million for a family after a San Francisco MUNI bus struck and killed a bicyclist. We have recovered multiple seven-figure settlements for families affected by fatal rideshare and commercial truck accidents.

Every case is different, but these recoveries show we know how to build wrongful death claims and pursue full compensation.

No Upfront Costs

We take Folsom wrongful death cases on contingency. We don’t charge attorney fees unless we recover money for you. Consultations are free.

Client Feedback

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“I had an excellent experience working with Choulos & Tsoi after a car accident. From start to finish, they were incredibly professional, responsive, and thorough. They took the time to explain every step of the process, answered all my questions promptly, and made what could have been a stressful situation feel seamless. Beyond their legal expertise, they are simply great people to work with—genuine, attentive, and committed to their clients. If you’re looking for a law firm that truly has your back, I highly recommend Choulos & Tsoi.” – Alex Wang

Read more reviews on our Google Business Profile.

Types of Wrongful Death Cases We Handle in Folsom

Fatal accidents happen in many circumstances. The cause of death determines who may be held liable and what evidence your family needs. Our Folsom wrongful death attorneys handle cases involving:

• Car accidents. Fatal crashes caused by distracted driving, speeding, or running red lights give rise to claims against the at-fault driver. Multiple factors determine fault in these cases.
• Motorcycle accidents. Motorcyclists have no vehicle protection. When drivers fail to see riders or violate traffic laws, the resulting crashes are often fatal.
• Pedestrian accidents. Pedestrians struck by vehicles frequently die from their injuries. Distracted and impaired drivers cause many deadly pedestrian crashes.
• Truck accidents. Commercial truck collisions often result in fatalities because of vehicle size and weight. Determining liability may involve the driver, trucking company, or manufacturer.
• Rideshare accidents. Fatal crashes involving Uber or Lyft create complex insurance situations. Understanding who is liable requires careful investigation of driver status and coverage.
• Medical malpractice. When doctors, nurses, or hospitals make fatal errors through misdiagnosis, surgical mistakes, or medication errors, families may have wrongful death claims.
• Workplace accidents. Fatal job site injuries may support claims against third parties such as equipment manufacturers or contractors whose negligence caused unsafe conditions.
• Premises liability. Property owners who fail to fix dangerous hazards may be liable when those hazards cause fatal injuries.

California Legal Requirements for Wrongful Death Cases

California law specifies who can file a wrongful death claim, what damages are available, and how long you have to act.

Who Can File

California Code of Civil Procedure Section 377.60 lists who may bring a wrongful death lawsuit. The surviving spouse or domestic partner has the first right to file. If there is no spouse, the children may file. If there is no spouse or children, others entitled to the decedent’s property under intestate succession may file, including parents or siblings.

Stepchildren and putative spouses may also qualify if they can prove financial dependence on the decedent.

Statute of Limitations

You have two years from the date of death to file a wrongful death lawsuit under California Code of Civil Procedure Section 335.1. Courts enforce this deadline strictly. Miss it, and you cannot sue.

Claims against government entities require an administrative claim within six months under Government Code Section 911.2. This shorter deadline applies when a city bus, government vehicle, or dangerous road condition causes the death.

Survival Actions

California also allows survival actions under Code of Civil Procedure Section 377.30. These claims recover damages the deceased could have pursued if they had lived, including medical expenses before death and pain suffered. The estate files survival actions, not individual family members.

What Damages Are Recoverable in Folsom Wrongful Death Cases?

California law allows families to recover economic and non-economic damages.

Economic Damages

Economic damages compensate for the financial impact of the death.

Loss of financial support includes the income the deceased would have contributed over their expected working life. Courts consider the decedent’s age, health, occupation, earning capacity, and life expectancy.

Loss of benefits covers health insurance, pension contributions, and other benefits the family lost.

Funeral and burial expenses are recoverable. This includes the service, burial or cremation, casket, and headstone.

Loss of household services accounts for contributions the deceased made, such as childcare, home maintenance, and cooking.

Non-Economic Damages

Non-economic damages cover losses that do not have a dollar amount attached.

Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support are considered. Courts recognize that financial losses do not capture everything a family loses when someone dies.

Loss of guidance and nurturing for minor children who will grow up without a parent.

Loss of consortium for surviving spouses, covering intimacy and partnership.

Punitive Damages

California may award punitive damages under Civil Code Section 3294 when the defendant acted with malice, oppression, or fraud. For example, a drunk driver who killed your family member or a company who knowingly sold a dangerous product may face punitive damages. Punitive damages are not applicable in every case. That is why it is essential to work with an experience wrongful death attorney to understand the true value of your claim.

What Steps Should I Take After a Loved One’s Wrongful Death in Folsom?

Taking certain steps early protects your legal rights.

1. Obtain the death certificate. You need certified copies for legal proceedings, insurance claims, and financial matters. The funeral home typically helps with this.

2. Preserve evidence. If the death resulted from an accident, preserve what you can. Photograph the scene. Keep damaged vehicles and personal property. Collect relevant evidence before it disappears.

3. Request the police report. For deaths caused by vehicle accidents, get the police report. It documents what happened and who was involved.

4. Gather medical records. Request records documenting treatment before death. These establish cause of death and medical expenses.

5. Document financial contributions. Collect pay stubs, tax returns, and records showing the deceased’s income. This supports economic damage claims.

6. Avoid speaking with insurance adjusters. The at-fault party’s insurer may contact you. They are not looking out for your interests. Do not give recorded statements without legal representation.

7. Do not accept early settlement offers. Insurers make quick offers hoping you settle cheap. Once you accept, you cannot get more.

8. Identify potential defendants. Multiple parties may share liability. The driver, vehicle owner, employer, property owner, or manufacturer could all be responsible.

9. Consult a wrongful death attorney. Talk to a lawyer before making major decisions. Understanding when legal help matters protects your family. Initial consultations are typically free.

10. Take care of yourself. Grief affects decision-making. Let your attorney handle the legal process while you focus on family.

Wrongful Death Statistics in Folsom and Sacramento County

The National Highway Traffic Safety Administration reports that 42,939 people died in motor vehicle crashes nationwide in 2021. California ranks among states with the highest traffic fatalities.

The California Office of Traffic Safety reports that Sacramento County sees hundreds of fatal collisions each year. Folsom sits along Highway 50, a major commuter route with heavy traffic.

According to the Centers for Disease Control and Prevention, unintentional injuries are the fourth leading cause of death in the United States. Motor vehicle crashes, falls, poisonings, and drownings cause most of these deaths.

The Bureau of Labor Statistics reports that 5,190 workers died from job-related injuries in 2021. Transportation incidents, falls, and contact with objects caused most workplace fatalities.

Studies estimate that medical errors cause between 250,000 and 440,000 deaths annually in the United States.

Folsom Wrongful Death Lawyer FAQs

How much does a wrongful death lawyer cost?

Nothing upfront. We work on contingency, so you pay attorney fees only if we recover money for you. The fee comes as a percentage of the settlement or verdict. If we do not win, you owe nothing for our time or work on your case.

Who can file a wrongful death lawsuit in California?

The surviving spouse or domestic partner has priority under California law. If there is no spouse, the children may file. If there is no spouse or children, other dependents or heirs may qualify. This includes parents, siblings, or anyone who was financially dependent on the deceased. Stepchildren may also have standing if they can prove they relied on the decedent for support.

How long do I have to file a wrongful death claim?

Two years from the date of death in most cases. Claims against government entities have a shorter deadline. You must file an administrative claim within six months before you can sue a city, county, or state agency. Missing these deadlines means losing the right to file regardless of how strong your case is.

What is the difference between wrongful death and a survival action?

Wrongful death compensates family members for their own losses, like lost income and loss of companionship. Survival actions recover what the deceased could have pursued if they had lived. That includes medical bills incurred before death and pain the deceased suffered. The estate files survival actions, while family members file wrongful death claims. Both can be pursued in the same lawsuit.

Can I file a wrongful death claim without a criminal conviction?

Yes. Civil cases and criminal cases operate separately. Criminal cases require proof beyond a reasonable doubt. Civil cases only require showing that negligence was more likely than not. Many families win wrongful death lawsuits even when criminal charges were never filed or when the defendant was acquitted. The O.J. Simpson case is a famous example of this distinction.

What damages can I recover?

Economic damages include the income your loved one would have earned over their working life, lost benefits like health insurance and pension contributions, funeral and burial costs, and the value of household services they provided. Non-economic damages cover loss of companionship, love, comfort, guidance, and moral support. Punitive damages may apply when the defendant acted with extreme recklessness or intentional misconduct.

How long does a wrongful death case take?

Simple cases with clear liability may settle within six months to a year. Cases involving disputed fault, multiple defendants, or complex medical evidence take longer. Medical malpractice wrongful death cases often take two to three years because of the expert testimony and investigation required. If the case goes to trial, add several more months to the timeline.

What if my loved one was partially at fault?

California uses pure comparative negligence, which reduces your recovery by the deceased’s percentage of fault. If your family member was 30% responsible for the accident, you can still recover 70% of total damages. Even at 60% or 70% fault, families can pursue compensation for the portion caused by the defendant.

Can I sue the employer of the person who caused the death?

Sometimes. California law holds employers liable for negligent acts committed by employees within the scope of their job. If a delivery driver ran a red light while making deliveries and killed your family member, the delivery company likely shares liability. The same applies to trucking companies, rideshare platforms, and other businesses whose employees cause fatal accidents while working.

What if the at-fault driver had no insurance?

Your loved one’s uninsured motorist coverage may provide compensation. This coverage exists specifically for situations where the at-fault party cannot pay. We also look for other liable parties who may have insurance. The vehicle owner, if different from the driver, may have coverage. An employer may have coverage if the driver was working. A bar may have liability if they overserved the driver before the crash.

Do I need an attorney?

You are not legally required to hire one. But wrongful death cases involve complex legal procedures, damage calculations, and negotiations with insurance companies that have teams of lawyers. Families who handle claims themselves often accept far less than the case is worth. Insurance adjusters know most people do not understand how to value lost income over a lifetime or calculate non-economic damages.

What evidence helps prove a wrongful death case?

Police reports establish what happened and who was cited. Medical records document the cause of death and treatment before death. Witness statements provide accounts of the accident. Employment records and tax returns prove the deceased’s income. Photographs from the scene show conditions at the time. Expert witnesses may testify about accident reconstruction, medical causation, or the economic value of lost future earnings.

Can I sue a government entity?

Yes, but the process differs from suing a private party. Government entities have immunity from many lawsuits, but exceptions exist for negligent acts by employees. If a city bus driver caused the fatal crash, or a dangerous road condition contributed to the death, you may have a claim. The key difference is timing. You must file an administrative claim within six months, then wait for a response before filing a lawsuit.

What if a defective product caused the death?

Product liability claims can be brought against manufacturers, distributors, and retailers. These cases require proving the product had a design defect, manufacturing defect, or inadequate warnings. A car with faulty brakes, a medical device that malfunctioned, or machinery without proper safety guards could all support wrongful death claims. Expert testimony is almost always necessary to prove product defects.

Will I have to go to court?

Most wrongful death cases settle before trial. Insurance companies often prefer to settle rather than risk a jury verdict. However, if the defendant disputes liability or refuses to offer fair compensation, trial becomes necessary. We prepare every case as though it will go to trial. This strategy results in better settlement offers because the defense knows we are ready to proceed.

How is the settlement divided among family members?

California law does not specify how to divide wrongful death proceeds among eligible claimants. If multiple family members have claims, they can agree on a division. If they cannot agree, the court decides based on each person’s relationship to the deceased and the losses each suffered. A surviving spouse who depended entirely on the deceased’s income may receive more than adult children who were financially independent.

What happens if the person who caused the death has no money?

Insurance often provides coverage even when the individual defendant has no personal assets. Auto insurance, homeowner’s insurance, business insurance, and umbrella policies may all apply depending on how the death occurred. We investigate all potential sources of recovery. In some cases, multiple policies from different defendants combine to provide adequate compensation.

Can I still file a claim if there were no witnesses?

Yes. Witness testimony helps, but it is not required. Physical evidence, accident reconstruction, medical records, and expert analysis can establish what happened. Surveillance footage, cell phone records, vehicle data recorders, and other evidence may exist even when no human witnesses saw the incident.

Important Local Resources for Wrongful Death Cases in Folsom

These organizations can help with death certificates, accident reports, and victim services.

Disclaimer: This list is for information only. Choulos & Tsoi Law Firm does not endorse these organizations.

• Folsom Police Department – (916) 355-7231. Accident reports and police records.
• California Highway Patrol – (800) 835-5247. Highway accident reports.
• Sacramento County Victim Services – (916) 874-5703. Support for crime victims and families.
• Sacramento County Superior Court – (916) 874-5522. Civil case filings and probate matters.
• California Victim Compensation Board – (800) 777-9229. Financial assistance for crime victims and families.

Contact Choulos & Tsoi Law Firm

If you lost a family member to someone else’s negligence, you have the right to pursue compensation. A wrongful death claim holds the responsible party accountable and provides financial security for your family.

James Choulos and Victor Tsoi have over 35 years combined experience with California wrongful death cases. There are no legal fees unless we recover compensation for you.

Contact us to schedule a case review. Consultations are free and confidential.