Wrongful Death Laws in San Diego: What You Need to Know

If you have lost a loved one due to another's wrongdoing, then you may have a wrongful death claim—a legal pathway for surviving family members to seek justice and financial compensation.

At Hulburt Law Firm, we specialize in handling wrongful death cases in San Diego. This article provides an overview of California's wrongful death laws, including who is eligible to file a claim, what damages may be recovered, and how an experienced wrongful death attorney can help.

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What Is a Wrongful Death Claim?

A wrongful death claim arises when a person's death is caused by the negligence, recklessness, or intentional actions of another party. Common causes of wrongful death in San Diego include:

• Car accidents caused by distracted or drunk driving.
• Workplace accidents, particularly in hazardous industries like construction.
• Defective products that pose unreasonable risks to consumers.
• Medical malpractice, such as surgical errors or misdiagnoses.

The purpose of a wrongful death claim is to provide financial support to the family members left behind and hold the at-fault party accountable.

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Who Can File a Wrongful Death Claim in San Diego?

California law specifies who has the legal right to file a wrongful death lawsuit. (California Code of Civil Procedure § 377.60.) The individuals who may file include:

1. Immediate family members:
   
   • The deceased person's spouse or domestic partner.
   • The deceased person's children (including adopted children).
   • The deceased minor's parents.
2. Other dependents (if there are no immediate family members):
   
   • Parents or stepchildren who were financially dependent on the deceased.
   • "Putative spouses" (a person who genuinely believed they were married to the deceased).

If none of the above categories apply, other heirs who would inherit under California's intestate succession laws may be eligible to file.

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What Damages Can Be Recovered?

Wrongful death claims allow surviving family members to seek compensation for both economic and non-economic losses. Learn more about the types of damages in wrongful death cases.

Economic Damages

• Funeral and burial expenses: The costs associated with laying your loved one to rest.
• Loss of financial support: The income and benefits the deceased would have contributed to the family.
• Household services: The value of tasks the deceased performed, such as childcare or home maintenance.

Non-Economic Damages

• Loss of love, companionship, and support: The loss of the deceased's relationship.
• Loss of guidance and affection: Especially relevant for children who lose a parent.

(Judicial Council of California Civil Jury Instructions Nos. 3921 and 3922.)

These damages are intended to ease the financial burden of the loss and provide some measure of justice. Our California wrongful death life expectancy calculator can help illustrate how life expectancy factors into damage calculations.

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Your non-economic damages—the loss of the decedent's love, relationship, and affection—are far and away your greatest damages in a wrongful death case. These damages value the relationship that would have continued but for the death. An experienced wrongful death attorney uses stories, photos, video, witnesses, and other evidence to value the loss and guide a jury to full compensation.

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Survival Actions vs. Wrongful Death Claims

It is important to understand the distinction between a wrongful death claim and a survival action—two separate legal theories that are often filed together.

A wrongful death claim (California Code of Civil Procedure § 377.60) is brought by surviving family members for their own losses—the income, companionship, love, and support they have lost because of the death. A survival action (California Code of Civil Procedure § 377.30) is a separate claim brought on behalf of the deceased's estate, recovering damages the deceased personally suffered before death, including pre-death pain and suffering, medical expenses, and lost wages.

These two claims serve different purposes and carry different strategic implications. For example, a survival action can recover pre-death pain and suffering, but it also triggers medical lien repayment obligations that do not apply to a wrongful death claim. Filing both claims simultaneously is common, but the decision requires careful analysis by an experienced wrongful death attorney to determine the strategy that maximizes your family's total recovery.

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What Is the Statute of Limitations for a Wrongful Death Claim in California?

In California, you have two years from the date of your loved one's death to file a wrongful death lawsuit. (California Code of Civil Procedure § 335.1.) This deadline, known as the statute of limitations for wrongful death claims, is critical. Missing this window can result in losing your right to seek compensation.

However, there are exceptions that may shorten or extend this timeframe. For example:

• Cases involving government entities have a much shorter filing deadline—typically six months (discussed in more detail below).
• Medical malpractice claims may have additional requirements under California law.

Because these deadlines can vary, consulting an experienced wrongful death attorney as soon as possible is essential.

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Wrongful Death vs. Criminal Prosecution

Families often ask whether a criminal case affects their ability to file a civil wrongful death claim. These are entirely separate proceedings with different standards and different outcomes.

A wrongful death lawsuit is a civil action that requires proof by a preponderance of the evidence—meaning it is more likely than not that the defendant's conduct caused the death. Criminal prosecution, by contrast, requires proof beyond a reasonable doubt, a much higher standard. The two proceedings can run simultaneously, and the outcome of one does not determine the other.

This means your family can pursue a wrongful death claim even if criminal charges are never filed, the investigation is closed, or the defendant is acquitted at trial. It also means that evidence excluded in a criminal case may still be admissible in the civil case. An experienced attorney can coordinate both timelines to protect your family's interests in both proceedings.

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Wrongful Death Claims Against Government Entities

When a wrongful death is caused by a government employee or a dangerous condition on public property—such as a fatal accident on a poorly maintained state highway, a collision involving an MTS bus, or a death in government custody—different procedural rules apply.

Under the California Tort Claims Act (Government Code § 810 et seq.), families must file an administrative claim with the responsible government agency before filing a lawsuit. The deadline for this administrative claim is just six months from the date of death—far shorter than the standard two-year statute of limitations. (Government Code § 911.2.)

Missing this administrative deadline can permanently bar your claim, regardless of how strong the underlying case may be. Because of these compressed timelines and additional procedural requirements, consulting a wrongful death attorney immediately is especially critical when a government entity is involved.

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How a Wrongful Death Attorney Can Help

At Hulburt Law Firm, we specialize in representing victims of catastrophic injury and wrongful death. Our San Diego wrongful death attorneys, Conor and Leslie Hulburt, have a proven track record of extraordinary results. We have helped families who have lost spouses, children, and parents due to another's negligence.

Here's how we can help:

• Conducting a thorough investigation to identify all responsible parties and establish liability.
• Calculating the full extent of your damages to ensure maximum compensation.
• Navigating the wrongful death legal process, from settlement negotiations to trial if needed.
• Compassionate guidance and fierce advocacy.

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Hulburt Law Firm: Take the First Step Toward Justice

If you've lost someone due to another's negligence, contact Hulburt Law Firm today for a free consultation.

Justice is not just about financial recovery—it's about accountability. Together, we can ensure your loved one's story is heard. Because The Truth Demands Justice.

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Related Content:

• Who Can File a Wrongful Death Claim in San Diego?
• Causes of Wrongful Death in San Diego
• Types of Damages in Wrongful Death Cases in San Diego
• Proving Negligence in Wrongful Death Cases in San Diego
• The Role of Wrongful Death Attorneys in San Diego
• Finding the Top Wrongful Death Attorney in San Diego
• California Wrongful Death Life Expectancy Calculator