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

The Law Offices of J. Chrisp helps families in Windsor 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 its wrongful death results, first steps for a family, who can file, the difference between a wrongful death claim and a survival action, the damages a family can recover, how fault works, the deadlines and where a Windsor case is handled.

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A family member was killed in a crash in Windsor. Who in our family has the right to bring a wrongful death claim?

California law gives that right first to the surviving spouse or registered domestic partner, the children and the children of a child who has died. Some dependents can bring the claim too (Code of Civil Procedure section 377.60). The Law Offices of J. Chrisp offers families 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.
$1,250,000 in a wrongful death case.

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

What to do after a fatal accident in Windsor

There is no need to decide anything in the first days. A few steps can protect the family’s options while you grieve:

Ask the investigating agency for the report number.
Keep the funeral, burial and medical bills.
Keep records of your loved one’s income, such as pay stubs and tax returns.
Do not give the other side’s insurance company a recorded statement before you have legal advice.

Who can file a wrongful death claim in California

Code of Civil Procedure section 377.60 lists who may bring the claim:

The surviving spouse or registered domestic partner, the children and the children of a deceased child.
If there are no surviving children or grandchildren, the people who would inherit the person’s property under California’s intestate succession rules.
Certain dependents, even if they are not in the first group: a putative spouse (someone who believed in good faith that a void or voidable marriage was valid), that spouse’s children, stepchildren and parents.
A minor who lived in the person’s household for the 180 days before the death and received at least half of their support from the person.

The claim can also be brought for these family members by the personal representative of the estate.

Wrongful death claim or survival action

A death can lead to two kinds of claims.

The wrongful death claim belongs to the family. It covers the family’s own losses from the death.

A survival action is the claim the person who died could have brought if they had lived. It passes to their successor in interest and may be brought by the personal representative or, if there is none, the successor in interest (Code of Civil Procedure section 377.30). Damages are limited to the loss the person sustained before death, such as medical bills, and can include penalties or punitive damages they could have recovered. They do not include pain, suffering or disfigurement (Code of Civil Procedure section 377.34).

A temporary exception, added by Senate Bill 447, allowed pain, suffering and disfigurement damages in survival actions filed on or after January 1, 2022, and before January 1, 2026, and in cases granted a trial preference before January 1, 2022. Under the current text of section 377.34, a survival action filed on or after January 1, 2026, does not include those damages.

Damages a family can recover

The California jury instruction on the wrongful death of an adult (CACI No. 3921) lists two kinds of damages.

Economic damages include:

The financial support the person would have given the family.
The loss of 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 cover the loss of the person’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.

The same instruction says a jury may not award damages for the family’s grief, sorrow or mental anguish, for the pain and suffering of the person who died, or based on the family’s wealth or poverty.

How fault affects a wrongful death claim

California uses pure comparative fault, set out in Li v. Yellow Cab Co. (1975). If the person who died was partly at fault, the family’s recovery is reduced in proportion, not barred (Horwich v. Superior Court (1999)). 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 Windsor wrongful death claim

Deadline	What it controls	Source
6 months	Written claim for a death against a public entity, such as the Town of Windsor, the County of Sonoma 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
6 months after notice	Lawsuit after the public entity gives written notice rejecting the claim	Government Code section 945.6
2 years	Wrongful death lawsuit	Code of Civil Procedure section 335.1

Reports, claims and the court for a Windsor case

Who investigates. The Town of Windsor contracts with the Sonoma County Sheriff’s Office for police services, and the Windsor Police Department at 9291 Old Redwood Highway, Building 300, Windsor, CA 95492, is staffed by Sheriff’s Office employees. A crash on US-101 may instead be investigated by the California Highway Patrol, whose Santa Rosa Area office at 6100 LaBath Avenue in Rohnert Park serves most of Sonoma County.

Claims against a public agency. A claim against the Town uses the “Claim for Money or Damages Against the Town of Windsor,” filed with the Town Clerk, P.O. Box 100, Windsor, CA 95492-0100. A claim against the County of Sonoma goes to the Clerk of the Board of Supervisors, 575 Administration Drive, Suite 100A, Santa Rosa, CA 95403.

Court. Subject to exceptions, the superior court in the county where the injury happened is a proper court (Code of Civil Procedure section 395). For Windsor, that is the Superior Court of California, County of Sonoma, with its Civil Clerk’s Office at the Civil and Family Law Courthouse, 3055 Cleveland Avenue, Santa Rosa, CA 95403.

Offices, service area and recognition

The Law Offices of J. Chrisp does not have an office in Windsor. The closest office is in Santa Rosa. The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Its offices are:

Santa Rosa: 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403.
Lower Lake (main office): 9667 Highway 29, Lower Lake, CA 95457.
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 a parent bring a wrongful death claim for an adult child?

Yes, in two situations. A parent can bring the claim if the child left no children or grandchildren and the parent would inherit. A parent who depended on the child can also bring it (Code of Civil Procedure section 377.60).

Can we still bring a claim if our loved one was partly at fault?

Yes. Under California’s pure comparative fault rule, the family’s recovery is reduced by that share of fault but is not barred.

How long does our family have to file?

A wrongful death lawsuit generally must be filed within two years (Code of Civil Procedure section 335.1). If a public entity, such as the Town of Windsor or the County of Sonoma, may be responsible, a written claim is generally due within six months (Government Code section 911.2).

What does it cost to talk with a lawyer?

The consultation is free, and the Law Offices of J. Chrisp works on a contingency fee. There is no fee unless we win.

Does the Law Offices of J. Chrisp have an office in Windsor?

No. The closest office is in Santa Rosa at 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

If someone in your family died in an accident in Windsor or elsewhere in Sonoma 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.