Legal Process for Wrongful Death Claims in San Diego

When a loved one is tragically taken due to someone else's negligence or misconduct, the path forward can feel unclear. A wrongful death claim allows surviving family members to seek accountability and compensation. At Hulburt Law Firm, we specialize in wrongful death cases and walk families through this process with compassion and clarity—because The Truth Demands Justice.

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Step 1: Determine If You're Eligible to File

Under California law, only certain individuals are eligible to file a wrongful death claim. These include:

• The deceased's spouse or domestic partner
• Children, including adopted children
• Parents, if the deceased had no surviving spouse or children, or if they were financially dependent
• Stepchildren or other financial dependents

(California Code of Civil Procedure § 377.60.)

Real Case Example:

‍In a heartbreaking case involving a construction worker killed by a collapsing wall, Conor Hulburt represented the victim’s wife and children. The general contractor had concealed a known hazard despite warnings from a shoring engineer. The family was eligible to file the claim and ultimately secured a confidential settlement that honored the worker’s legacy.

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Step 2: Know the Statute of Limitations

In California, wrongful death claims must generally be filed within two years from the date of death. (California Code of Civil Procedure § 335.1.)

Exceptions include:

• Government Liability: File a government claim within six months. (California Government Code section 905.)
• Discovery Rule: The time limit may be extended if the cause of death wasn’t immediately known.

Missing this deadline can bar you from seeking compensation, so it’s critical to act quickly.

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Step 3: File the Wrongful Death Lawsuit

The legal process begins by filing a wrongful death lawsuit in the appropriate court. This involves:

1. Identifying defendants: The individuals or entities responsible for your loved one’s death, such as negligent drivers, employers, manufacturers, or healthcare providers.
2. Drafting a complaint: The complaint outlines the facts of the case, the legal basis for the claim, and the damages being sought.
3. Serving the complaint: Once the complaint is filed, the defendants must be formally notified of the lawsuit.

Real Case Example:

‍In a case involving a toddler’s drowning at an unlicensed daycare, Conor uncovered negligence beyond the daycare owner. The property owner, HOA, and neighbors had all ignored a known fence gap near a dangerous koi pond. Filing against multiple parties ensured accountability and a meaningful settlement for the grieving family.

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"Wrongful death cases are about exposing the truth and making sure that what happened to one family never happens again. We don’t back down from powerful defendants—we hold them accountable." — Conor Hulburt, Wrongful Death Attorney

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Step 4: Discovery Phase

After the claim is filed, both sides enter the discovery phase, during which evidence is exchanged to buildhttps://www.hulburtlaw.com/team/conor-hulburt each party’s case. Discovery may include:

1. Written Discovery

• Interrogatories: Written questions the opposing party must answer under oath.‍
• Requests for Production: Documents and records, such as medical reports, financial records, or accident reports, that are relevant to the case.

2. Depositions

Depositions involve sworn testimony from witnesses, including eyewitnesses, experts, and the parties involved. Attorneys for both sides can ask questions, and the testimony is recorded for use at trial.

3. Expert Analysis

Experts may be consulted during discovery to provide opinions on key issues, such as:

• Accident reconstruction.
• Defective product analysis.
• Economic losses (e.g., future earnings and benefits).

The discovery process is essential for building a strong case and preparing for negotiations or trial.

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Step 5: Settlement Negotiations

Most wrongful death claims are resolved through settlement rather than going to trial. During negotiations, your attorney will:

• Present evidence of the defendant’s negligence and liability.
• Calculate the full extent of your damages, including economic and non-economic losses.
• Negotiate with insurance companies or defense attorneys to reach a fair settlement.

A skilled wrongful death attorney knows how to counter lowball offers and ensure you receive the compensation you deserve. If a fair settlement cannot be reached, the case will proceed to trial.

Real Case Example:

‍In a drunk driving wrongful death case, Conor used innovative visuals—photographs with digital "stickers" showing where teens saw alcohol at a party—to disprove the homeowners’ denial. The resulting settlement reached the insurance policy limits, delivering justice for the family who lost their son.

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Step 6: Trial Preparation and Proceedings

If your case goes to trial, your attorney will represent you in court and present a compelling argument to the judge and jury. Trial proceedings include:

1. Jury Selection

A jury is selected to hear the case and determine whether the defendant is liable for the wrongful death.

2. Opening Statements

Both sides present an overview of their case, outlining what they intend to prove.

3. Presentation of Evidence

Your attorney will present evidence to prove negligence and damages, including:

• Testimony from witnesses and experts.
• Physical evidence, such as photographs or medical records.
• Documentation of financial losses.

4. Cross-Examination

‍The opposing party’s witnesses are questioned to challenge their credibility or testimony.

5. Closing Arguments

‍Each side summarizes their case, emphasizing the evidence that supports their position.

6. Jury Deliberation and Verdict

‍The jury deliberates and issues a verdict. If the jury finds in your favor, they will award damages based on the evidence presented.

Learn more about the role of a wrongful death attorney in presenting your case.

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Step 7: Recovering and Distributing Compensation

Successful claims may result in:

• Economic damages: Funeral costs, lost income, and household services.
• Non-economic damages: Loss of love, companionship, and emotional support.
• Survival damages: Pre-death pain, suffering, and medical bills.

Real Case Example:

‍In the case of a television show participant killed during a street race, Conor demonstrated that the road used for filming was unfit for high-speed driving. The defendants settled before trial, acknowledging the life lost due to a reckless disregard for safety.

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Why Choose Hulburt Law Firm?

At Hulburt Law Firm, we combine trial experience with unwavering compassion.

• Proven Results: Conor Hulburt has secured numerous seven and eight-figure results in wrongful death cases. Visit our case results page.
• Client-First Approach: You’re never just a case—you’re a person with a story worth fighting for.
• Courtroom Strength: We prepare every case for trial to maximize your recovery, even if it settles.

Explore our approach to wrongful death cases.

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"Every wrongful death case is about more than law—it’s about truth, accountability, and honoring the person you lost.”
— Leslie Hulburt

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Start Your Journey to Justice

If your loved one was taken too soon due to someone else’s negligence, you don’t have to face the legal system alone. Contact Hulburt Law Firm today for a free consultation. We’re ready to help you find answers and fight for what’s right—because The Truth Demands Justice.

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Related Reading:

• Statute of Limitations for Wrongful Death Claims in San Diego
• Fatal Car Accidents: Legal Issues and What Families Need to Know