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

The Law Offices of J. Chrisp helps families in Clearlake who have lost a loved one because of someone else’s carelessness. The firm’s main office is in nearby Lower Lake. 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 its wrongful death results, first steps for a family, who can file, the difference between a wrongful death claim and a survival claim, the damages a family can recover, how fault is handled, the deadlines and the court for a Clearlake case.

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Our family member died after a crash near Clearlake. Who in the family can file a wrongful death claim?

California law gives that right first to the surviving spouse or registered domestic partner and the children of the person who died, and in some situations to parents, other heirs and 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 in a wrongful death case.
$2,250,000 in a wrongful death case.
$2,250,000 in a Valley Fire wrongful death case. The Valley Fire started in southern Lake County on September 12, 2015 (CAL FIRE).
$1,250,000 in a wrongful death case.

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

First steps for a family after a fatal accident in Clearlake

There is no need to make every decision at once. A few steps protect the family’s options:

Ask the investigating agency for the report number and the officer’s name.
Keep copies of the death certificate, medical and funeral bills, and records of the person’s income.
Keep any photos, messages and names of witnesses that family members have.
Do not sign a release or give an insurance company a recorded statement before you have legal advice.

Who can file a wrongful death claim in California

Under Code of Civil Procedure section 377.60, a wrongful death lawsuit can be brought by these people, or by the personal representative of the estate on their behalf:

The surviving spouse or registered domestic partner, the children, and the children of a child who has died. If there are no surviving children or grandchildren, the people who would inherit the estate under California’s intestate succession rules.
Whether or not they are heirs, people who were dependent on the person who died, including a putative spouse (a spouse who believed in good faith that the marriage was valid), that spouse’s children, stepchildren and the parents.
A minor who lived in the household for the 180 days before the death and depended on the person for half or more of their support.

Wrongful death and survival claims

A wrongful death claim compensates the family for its own losses. A survival claim is different: it is the claim the person who died could have brought, and it passes to the estate or the successor in interest (Code of Civil Procedure section 377.30). The two are often filed together.

In a survival claim, damages are limited to the losses the person had before death, such as medical bills and lost earnings, and generally do not include pain, suffering or disfigurement. Penalties and punitive damages the person could have recovered are not excluded. A temporary exception allowed pain and suffering damages in survival actions filed on or after January 1, 2022, and before January 1, 2026, or granted a trial preference before January 1, 2022 (Code of Civil Procedure section 377.34). That exception was not extended. For survival actions filed on or after January 1, 2026, pain and suffering damages are not recoverable.

Damages families can recover in a wrongful death case

California’s jury instruction for the death of an adult (CACI No. 3921) lists two kinds of damages.

Economic damages: the financial support the person would have given the family, gifts or benefits the family would have expected, funeral and burial expenses, and 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 jury may not award damages for the family’s grief, sorrow or mental anguish, or for the pain and suffering of the person who died, in the wrongful death claim.

How fault is handled in a wrongful death case

California uses pure comparative fault (Li v. Yellow Cab Co., 1975). If the defense proves that the person who died was negligent and that this was a substantial factor in the death, the family’s damages are reduced by that share (CACI No. 407). The claim is not barred. 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 Clearlake wrongful death claim

Deadline	What it controls	Source
6 months	Written claim for a death against a public entity, such as the City of Clearlake, the County of Lake or the state. A late-claim application is possible within limits.	Government Code section 911.2; section 911.4
6 months after notice	Lawsuit after the public entity gives written notice rejecting the claim	Government Code section 945.6
2 years	Most wrongful death lawsuits	Code of Civil Procedure section 335.1

Reports and the court for a Clearlake case

Crash reports. The Clearlake Police Department, 14050 Olympic Drive, Clearlake, CA 95422, releases reports through its Records Bureau on a Release of Information form, by mail, by fax or in person, for $10 per report. Crashes on State Routes 20, 29, 53 and 175 and on unincorporated county roads in Lake County are covered by the California Highway Patrol Clear Lake Area office, 5700 Live Oak Drive, Kelseyville, CA 95451.
Court. Subject to exceptions, a lawsuit can be filed in the county where the injury happened (Code of Civil Procedure section 395). For a death in or near Clearlake, that is generally the Superior Court of California, County of Lake. Civil cases are heard at the Lakeport Courthouse, 675 Lakeport Blvd., Lakeport, CA 95453.

Offices, service area and recognition

The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. It does not have an office in Clearlake. Its main office is in nearby Lower Lake. Its offices are:

Lower Lake (main office): 9667 Highway 29, Lower Lake, CA 95457.
Santa Rosa: 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403.
San Francisco: 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 was selected to Northern California Rising Stars from 2013 to 2021, an honor awarded to only 2.5% of attorneys in the state. In 2018, he was one of four finalists for San Francisco Trial Lawyer of the Year. He has represented thousands of injured clients. He holds the record for the highest personal injury verdict in Lake County. Spanish-speaking staff are available.

Frequently asked questions

Can parents file a wrongful death claim when an adult child dies?

Parents can file if they would inherit under intestate succession. Parents who were dependent on the child can also file (Code of Civil Procedure section 377.60).

What if the death involved a city, county or state road or vehicle?

A written claim generally must be presented to the public entity within six months (Government Code section 911.2). This deadline is much shorter than the two years for most lawsuits.

Can the family recover for what our loved one went through before death?

For survival actions filed on or after January 1, 2026, pain and suffering damages are not recoverable. The estate can still seek losses such as medical bills and lost earnings before death, and the family can seek its own wrongful death damages.

Where can our family talk with the firm?

The firm’s main office is in nearby Lower Lake at 9667 Highway 29, Lower Lake, CA 95457. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477), and Spanish-speaking staff are available.

If you lost a family member in Clearlake or elsewhere in Lake 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.