Lost a loved one in a Napa accident? A wrongful death lawyer can explain your family’s options

The Law Offices of J. Chrisp helps families in Napa who have lost a loved one because of someone else’s carelessness. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

The firm has recovered over $350 million for clients since 2010. The sections below cover the firm’s wrongful death results, who can bring a claim, how a wrongful death claim differs from a survival action, what damages a family can recover, how fault works, the deadlines and the Napa agencies and court involved.

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Our family lost someone in Napa because of another person’s carelessness. Who has the right to file a wrongful death claim?

California law gives that right first to the surviving spouse or registered domestic partner and the children, and in some cases to other family members or dependents (Code of Civil Procedure section 377.60). The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee, and there is no fee unless we win.

Wrongful death results

Results the firm has obtained in wrongful death cases, as shown on chrisplaw.com and its case results page, include:

$4,000,000 Wrongful Death
$2,250,000 Wrongful Death
$2,250,000 Valley Fire Wrongful Death
$1,250,000 Wrongful Death

Every case is different, and prior results do not guarantee a similar outcome.

Who can file a wrongful death claim in California

A wrongful death lawsuit can be brought by the people the law names, or by the personal representative of the estate on their behalf (Code of Civil Procedure section 377.60):

The surviving spouse or registered domestic partner, the children, and the children of a child who has died.
If there are no children or grandchildren, the people who would inherit from the person who died under California’s inheritance rules, including the spouse or partner.
A putative spouse (someone who believed in good faith that the marriage was valid), that person’s children, stepchildren, or parents, if they depended on the person who died.
A minor who lived in the household for the previous 180 days and depended on the person who died for half or more of their support.

Wrongful death claim or survival action

These are two different claims, and a family may have both.

A wrongful death claim is for the family’s own losses, such as lost financial support and the loss of their loved one’s love and companionship.

A survival action is the claim the person who died could have brought if they had lived. It passes to the personal representative of the estate or, if there is none, to the successor in interest (Code of Civil Procedure section 377.30). It covers losses the person had before death, such as medical bills and lost wages, and can include penalties or punitive damages the person could have recovered (Code of Civil Procedure section 377.34).

Pain and suffering damages in a survival action depend on the filing date. Under section 377.34, they were allowed only in cases granted trial preference before January 1, 2022, or filed from January 1, 2022 through December 31, 2025. For a survival action filed today, damages for the person’s pain, suffering or disfigurement before death are not recoverable.

Damages a family can recover

California’s jury instruction on wrongful death damages (CACI No. 3921) lists two kinds.

Economic damages:

The financial support the person would have given the family.
Gifts or benefits the family would have expected to receive.
Funeral and burial expenses.
The reasonable value of household services the person would have provided.

Non-economic damages: the loss of the person’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.

The same instruction tells the jury not to award damages for the family’s grief, sorrow or mental anguish, or for the pain the person suffered before death.

How fault affects a wrongful death claim

California uses pure comparative fault, set out by the California Supreme Court in Li v. Yellow Cab Co. (1975). If the person who died was partly at fault, the family can still recover, and the damages are reduced by that share. When several defendants share fault, each pays non-economic damages only in proportion to its own share (Civil Code section 1431.2).

Deadlines for a Napa wrongful death claim

Deadline	What it controls	Source
6 months	Written claim for a death against a public entity, such as the City of Napa, Napa County or the state. It is due within six months after the claim arises (accrues). A late-claim application is possible within limits.	Government Code section 911.2; section 911.4
2 years	Most wrongful death lawsuits	Code of Civil Procedure section 335.1

Reports, government claims and the court in Napa

If the death followed a crash, the investigating agency’s report is often the first record a family will want. The California Highway Patrol’s Napa Area office, 975 Golden Gate Drive, Napa, CA 94558, covers state routes such as Highways 12, 29 and 121 and the county’s unincorporated roads. The Napa Police Department, 1539 First Street, Napa, CA 94559, generally handles collisions on city streets.

When a public agency may share responsibility, the written claim goes to that agency:

City of Napa: the City Clerk, City Hall, 955 School Street, Napa, CA 94559, using the city’s claim form.
County of Napa: the Clerk of the Board of Supervisors, 1195 Third Street, Suite 310, Napa, CA 94559, using the “Claim Against the County of Napa” form.
VINE buses: the Napa Valley Transportation Authority, which operates the VINE.
State highways and other state property: the state’s Government Claims Program.

A wrongful death lawsuit over a death in Napa is generally filed in the Superior Court of California, County of Napa. Its civil cases are handled at the Historic Courthouse, 825 Brown Street, Napa, CA 94559.

Offices, service area and recognition

The firm does not have an office in Napa. It serves Napa County as part of its service area of Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. The offices closest to Napa are:

Santa Rosa: 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403.
Lower Lake (main office): 9667 Highway 29, Lower Lake, CA 95457.

The firm’s third office is at 1330 Bush Street, Suite 9D, San Francisco, CA 94109.

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026. He is a graduate of the Gerry Spence Trial Lawyers College and has represented thousands of injured clients. Spanish-speaking staff are available.

Frequently asked questions

How long does our family have to file a wrongful death lawsuit?

Most wrongful death lawsuits must be filed within two years (Code of Civil Procedure section 335.1). If a city, county or state agency may be responsible, a written claim is generally due within six months (Government Code section 911.2).

Can a parent or stepchild bring a wrongful death claim?

Sometimes. Parents can bring the claim when the person who died left no children or grandchildren and the parents would inherit under California’s inheritance rules. Stepchildren and parents can also bring a claim if they depended on the person who died (Code of Civil Procedure section 377.60).

Can we recover for our loved one’s pain before they died?

Not in a wrongful death claim. In a survival action filed now, those damages are also not available. They were allowed only in survival actions filed from January 1, 2022 through December 31, 2025, or granted trial preference before 2022.

What does it cost to talk to a wrongful death lawyer?

Nothing. The consultation is free, and the Law Offices of J. Chrisp works on a contingency fee. There is no fee unless we win.

How do we reach the firm from Napa?

The firm does not have an office in Napa. Its closest offices are in Santa Rosa and Lower Lake, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

If someone in your family died because of an accident in Napa or elsewhere in Napa County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

Why choose the Law Offices of J. Chrisp?

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.