Stockton Wrongful Death Lawyer

The sudden and untimely death of a loved one is one of the most traumatic events a family can experience, especially when that loss could have been preventable. In Stockton and across San Joaquin County, families lose loved ones every year to car accidents on the I-5 corridor, medical negligence in local hospitals, and workplace fatalities in the region’s thriving agricultural and logistics industries. These tragic deaths often leave survivors grappling with grief, financial hardship, and an overwhelming sense of injustice.

If you’ve lost someone due to the careless, reckless, or unlawful actions of another, you may have legal grounds to file a wrongful death claim under California law. At Frank Penney Injury Lawyers, our Stockton wrongful death attorneys are committed to help families seek justice, and financial compensation in the wake of devastating loss. 

With deep roots in Northern California and a strong track record of success throughout the Central Valley, we’re uniquely positioned to advocate for Stockton families navigating one of life’s most difficult moments. While we understand there is no amount of money that can replace a life, we can help hold those responsible held accountable for their actions. 

Call us today at 888-888-0566 or by filling out our online contact form for a free case consultation.

Defining a Wrongful Death Lawsuit



Under California Code of Civil Procedure § 377.60, a wrongful death lawsuit is defined as a type of civil action filed by the surviving family members of a deceased individual whose death was caused by the wrongful or negligent conduct of another party. Unlike criminal proceedings, which aims to punish the wrongdoer, wrongful death claims are intended to secure compensation for the deceased’s family members' emotional and financial losses.

Types of Wrongful Death Claims

Wrongful death claims in Stockton reflect the diverse and evolving risks of life in the Central Valley. While every claim is going to be different, it is vital to understand some of the nuances of how these accidents can occur so you can have a productive conversation with an experienced personal injury attorney. 

Auto Accidents

According to a State by State Accident Report from the Insurance Institute for Highway Safety (IIHS), California had the most traffic-related fatalities in 2022, totaling nearly 4,500 deaths. While the percentages varied all across the state, Stockton is not immune from this and is considered as one of the highest vehicle collision rates in California, especially near intersections like Pacific Avenue and March Lane. When it comes to the leading causes of traffic fatalities, negligent driving practices such as distracted driving, speeding, and impaired driving are some of the most prevalent issues that largely contribute to fatal wrecks on local streets and highways.

Big Rig and Freight Truck Accidents

Much like car accidents, trucking accidents can incur a significant number of traffic related fatalities due to their size and weight. According to a 2023 report from the National Safety Council, about 9% of all traffic accidents involved a large truck and, to many people’s surprise, it is actually a 43% increase from the last 10 years. 

With Highway 4 and the Port of Stockton acting as a vital hub of trade and transportation, large commercial trucks frequently travel through the region and should an accident involving an 18-wheeler occur,it will result in catastrophic injuries or death.

Medical Malpractice

Medical malpractice refers to the act where a doctor or medical facility commits improper and reckless treatment that leads to the injury/death of a patient. In a patient safety report from the World Health Organization, 1 in every 10 patients is harmed due to medical malpractice. Negligent surgical procedures, medication errors, and failure to diagnose life-threatening conditions are all common issues that can tragically result in preventable deaths.

However, it is important to note that medical malpractice is one of the most difficult types of wrongful death claims to prove, because doctors cannot be held liable if a patient dies due to an untreatable or incurable disease or condition. While this may seem unfair and tragic to the victim’s family, there are limits to modern medicine and unless there is undeniable proof, the victim’s family cannot file a medical malpractice claim. 

Workplace Accidents

While workplace deaths will vary based on the type of industry, San Joaquin County’s agricultural sector includes dangerous machinery, heavy equipment, and chemical exposure all of which increase the risk of fatal workplace injuries. In fact, the U.S Bureau of Labor Statistics reported in a 2023 census that there were over 5,000 workplace related deaths and about 36% of them were due to transportation related accidents. With that in mind, should a negligent or reckless employer cause the unfortunate passing of a loved one, a Stockton wrongful death attorney can help you hold them accountable for their actions. 

Who Can File a Wrongful Death Claim?

When it comes to filing a wrongful death claim, not all loved ones are legally entitled to file one and the right is only reserved to those with a direct connection to the deceased. California Civil Code 377.60 outlines that the surviving spouse, children, grandchildren, parents, and siblings are given the immediate right to file a claim for the deceased. However, if none are available due to circumstance then the rule is extended to stepchildren/stepparents and extended relatives. 

Is There a Time Limit to Sue for Wrongful Death?

If a loved one’s passing was due to the actions of a negligent or reckless party, the surviving family members must file a wrongful death claim within two years from the date of the incident as per California Civil Code 335.1. This means that if your loved one passed away in an accident in Stockton such as a traffic collision on Charter Way or a workplace accident at the Port you must file your lawsuit before the two year mark or risk automatically waiving the right to pursue compensation.

However, there are exceptions to the rule that can significantly cut down the time, placing more stress and urgency on a very delicate situation. For instance, any claims against a government entity must be filed within six months before proceeding to court and medical malpractice claims must be filed within one year as per California Civil Code 340.5. As such, if a loved one suddenly passes due to the negligence or recklessness of others, it is vital to contact a skilled wrongful death attorney to ensure your chances of recovering justice. 

How Much is a Wrongful Death Claim Worth?

The value of a wrongful death claim in Stockton can vary dramatically based on the circumstances of the death, the decedent’s age and income, and the degree of dependency experienced by surviving family members. 

However generally speaking, the surviving family can recover a mix of economic and non-economic damages such as funeral and burial costs, loss of income, medical expenses related to the fatal injury, loss of consortium/companionship, and pain and suffering experienced by the family. 

Additionally, if the wrongful death was the result of extremely negligent and/or reckless behavior, punitive damages may also be available to give the surviving family a sense of justice, but to also set legal precedence and to deter similar behavior from occurring in the future. 

How Would The Compensation Be Divided?

Once compensation is awarded through a verdict or settlement, it must be distributed among the eligible family members, which is typically all immediate family members such as spouses, children, and parents. In some cases, families may amicably agree on how the awarded compensation is divided. 

However, if there is a disagreement on how compensation should be divided, courts may divide the awarded sum based on factors such as the closeness of each relationship to the deceased, the level of financial dependence, and the person’s role in the household. In Stockton’s tight-knit communities, this can lead to sensitive issues around large families, undocumented dependents, and customary caregiving roles that are not always reflected in official documents. 

The Importance of Hiring a Stockton Wrongful Death Attorney

Stockton isn’t just another city, it’s a distinct Central Valley community filled with unique legal, cultural, and logistical factors that can impact a wrongful death litigation. Hiring a local Stockton wrongful death lawyer means more than just legal knowledge, it means that your attorney understands the tendencies of San Joaquin County juries, the procedural nuances of the Superior Court of California in Stockton, and what Stockton families truly value, all of which is crucial to winning cases. 

A Sacramento or Bay Area attorney may not fully grasp the cultural or logistical intricacies of representing Stockton clients and will try to employ legal strategies that may not be as effective. In addition, hiring a local wrongful death attorney in the Stockton area means they have access to local experts, accident reconstructionists, and physicians who can testify, giving your case the edge it deserves. 

Frank Penney Injury Law Is Here to Help 

At Frank Penney Injury Lawyers, we understand that no amount of money can make up for the loss of a loved one, but we also know that families deserve answers, accountability, and the financial means to rebuild their lives. Our firm has decades of experience handling wrongful death cases throughout Stockton and the greater San Joaquin Valley.

Whether your loved one died in a trucking accident on Highway 99, from medical negligence at a Stockton hospital, or due to a violent crime in your neighborhood, we are here to fight for your family. If you have any questions or concerns regarding your case, our team of wrongful death lawyers will guide you throughout the legal process, making sure you understand how we are fighting for your rights.

Contact us today at 888-888-0566 or by filling out our online contact form for a free consultation.