Wrongful Death San Diego

In California, a wrongful death lawsuit lets the spouse or domestic partner, children, and certain other family members of a person killed by someone else’s wrongful act or neglect recover for their own losses (Code of Civil Procedure section 377.60). Most of these lawsuits must be filed within two years of the death, and a claim against a government agency generally must be presented within six months. A separate “survival” claim can recover the losses the person who died suffered before death. Injury Trial Lawyers, a San Diego law firm that represents families after fatal accidents, can review a family’s situation in a free consultation. Injury Trial Lawyers is open 24/7, and calls are answered at (619) 525-7007.

Seeking Wrongful Death Compensation With Injury Trial Lawyers

The team at Injury Trial Lawyers understands that you are going through a very difficult time after leaving a family member or loved one, which is why we believe that it is so important to give you the legal support. We want to make sure that you have space in your life to focus on your own needs and to move forward with your life, which is why we work so hard to take on the stress that a personal injury or wrongful death case can cause. 

Read more below to get a better idea of what a wrongful death is, how a San Diego wrongful death attorney can help you get compensation after this loss, who can seek compensation in these cases, and more. Contact us now to schedule a free initial consultation, where we will be able to discuss your situation in detail and develop an understanding of how we will be able to work together in order to get you through this experience. 

What Is Wrongful Death?

A wrongful death claim is a lawsuit brought by certain family members of a person whose death was caused by someone else’s wrongful act or neglect (Code of Civil Procedure section 377.60). The family recovers for its own losses, such as the financial support the person would have provided and the loss of their love, companionship, and care. The person’s own losses before death are pursued separately, in a survival claim brought for the estate.

Who can file a wrongful death claim in California?

File a Wrongful Death Claim

California Code of Civil Procedure § 377.60 lists who may bring a wrongful death claim. The claim may also be brought by the decedent’s personal representative on their behalf.

  • The surviving spouse or registered domestic partner, the children, and the descendants of any deceased child.
  • If the decedent left no surviving descendants (children, grandchildren, or more remote descendants), the people who would inherit the decedent’s property under California’s intestate succession rules. Depending on the family, this can include parents or siblings. If the parents would qualify but have died, the decedent’s legal guardians may file in their place.
  • If they were financially dependent on the decedent: a putative spouse (someone who believed in good faith that a void or voidable marriage was valid), that person’s children, stepchildren, parents, or the decedent’s legal guardians if the parents have died.
  • A minor who lived in the decedent’s household for the 180 days before the death and who depended on the decedent for at least half of their support.

Whether a particular relative qualifies depends on the facts. Injury Trial Lawyers can review your family’s situation in a free consultation.

Major Factors in a Wrongful Death Claim

Fault in a San Diego Wrongful Death 

The first thing that will need to be established in a wrongful death claim is whether or not the defendant is actually responsible for the death, at which point the plaintiff will be able to move forward with seeking damages. In some instances, such as in a medical malpractice case, or a fatal drunk driving accident, fault can be fairly straightforward to determine; however, there are plenty of situations where fault can be more difficult to establish. Regardless, an attorney will be able to help you through this step.

To establish whether or not the defendant is responsible for the death, there are some basic details that are typically present in the claim:

  • The defendant had a duty of care that they owed to the victim — to act in a way to avoid causing harm to others
  • The defendant failed this duty of care, by deciding to drive while intoxicated, assault the victim, fail to recall a dangerous product, and a variety of other situations
  • This failure caused a fatal accident 

If you have lost someone in a situation that includes these details, and you are eligible to do so, then you may be able to seek compensation from the defendant or their insurance company for the damages that both you and the deceased suffered.

Compensation in a Wrongful Death Claim

In order to fully understand the damages that the plaintiff is entitled to, there are many different factors that the wrongful death attorney will need to explore with them, both economic and non-economic damages. In many ways, a wrongful death claim is procedurally-similar to any personal injury case, although there are a variety of other details that will inform the amount of damages for the survivors.

Economic Damages in a Wrongful Death Claim

California law allows damages that are “just” under the circumstances (CCP § 377.61). Under the standard jury instruction, economic damages can include the financial support the decedent would have contributed, the loss of gifts or benefits the family member would have expected to receive, funeral and burial expenses, and the reasonable value of household services the decedent would have provided (CACI No. 3921). Lost financial support is measured over the shorter of the decedent’s or the family member’s life expectancy, and future amounts are reduced to present cash value (CACI No. 3921).

It is important that you calculate all economic damages that you will encounter moving forward because you may be able to seek compensation for every impact that the defendant’s actions caused. Other economic losses can go into a comprehensive wrongful death case, which we will work through with you as we build your case together.

Non-Economic Damages in a Wrongful Death Claim

In addition to the measurable financial impact that this loss will have on a family, there are immeasurable emotional injuries that the survivors must endure long into the future. While no amount of money will change the reality of the situation, these types of damages may provide the family with monetary support so that they can focus on moving forward with their lives without feeling financially overwhelmed. 

Since these types of damages are fairly abstract, it is important that you are working with a wrongful death attorney in order to quantify these damages in a way that paints a clear picture. During negotiations, you can be certain that the defendant’s legal team will be working to limit these types of damages.

Survival claims: the decedent’s own losses

The decedent’s own claim (a “survival action”) can also be pursued, often in the same lawsuit, by their personal representative or successor in interest. Examples are medical bills and lost earnings between the injury and the death. Under CCP § 377.34, these damages are limited to losses the decedent sustained or incurred before death, and may include punitive damages the decedent could have recovered. For cases filed on or after January 1, 2026, they do not include damages for the decedent’s pain, suffering, or disfigurement. (A temporary exception covered cases filed from January 1, 2022 through December 31, 2025, and certain cases granted trial preference before 2022.)

Negotiating a Settlement in a Wrongful Death Claim

Once you and your attorney have determined the amount of damages that you are seeking from the insurance company or defendant, you will then need to engage in a series of negotiations to reach an agreement. In many cases, a personal injury case is better to be settled than it is to take to trial, because of how complicated, drawn-out, and costly a trial can be. In addition, defendants often prefer to settle out-of-court to keep details about the accident out of public record.

Even if the defendant is motivated to avoid a trial, though, this does not mean that they will simply accept responsibility for all damages without negotiation. The next phase will be a back-and-forth between your lawyer and the defendant in an attempt to settle the case before filing a lawsuit. If these negotiations are successful, then you will be able to accept your offer and move forward; however, if you are unable to reach an agreement then you and your lawyer must prepare for a case in the California courts. 

Common Wrongful Death Causes

Common Wrongful Death Causes

There are many different ways that someone can be the victim of a wrongful death, but the following are some of the most common cases in the United States. Whether or not you see a situation that resembles your own, contact us as soon as possible to discuss the specifics of your case during the free initial consultation with our San Diego wrongful death attorney. 

Vehicle Accidents

Car crashes are a common cause of wrongful death claims, and drunk and impaired driving is a significant factor in fatal crashes in California. Some of those deaths follow catastrophic injuries such as a traumatic brain or spinal cord injury. Claims against a city or the state over road design face the design immunity defense discussed below.

Product Liability

When a company designs, produces, distributes, and sells a product, it is their responsibility to ensure that the product will operate as expected and that consumers are fully aware of any inherent risks of use. For example, a chainsaw is inherently dangerous when used, and a user will not be able to seek compensation against a chainsaw company if they were injured due to their own error. However, if a chainsaw company distributes a product that is faulty, and these faults cause injury or death, then they are responsible for the damages caused.

Since many product supply chains can be very complicated, we will need to investigate the entire situation in order to determine who is at fault, before then determining how much blame that they are responsible for. 

Medical Malpractice

When a patient consults with a licensed medical professional, they have every legal right to expect that this professional will take prudent steps in order to keep the patient reasonably safe from unnecessary harm. This does not mean that a doctor is at fault when a cancer treatment is not successful, but it does hold the medical professionals liable in a variety of instances where they failed to take appropriate steps.

Common medical malpractice cases stem from things like failures to diagnose illnesses, surgical mixups, birth accidents, and more. 

Criminal Acts

A civil wrongful death case can proceed alongside a criminal case over the same death. The two are separate proceedings. The surviving family may be able to seek compensation from the person responsible (the defendant) even when murder or homicide charges are pending.

A criminal conviction can help prove a civil case, but it is not required. A civil case uses a lower standard of proof (preponderance of the evidence) than a criminal case (beyond a reasonable doubt). A family may recover in a civil case even when there is no criminal conviction.

How long do you have to file?

In California, most wrongful death lawsuits must be filed within two years of the death (Code of Civil Procedure § 335.1). If a government agency may share responsibility, a written claim generally must be presented to that agency within six months after the death ( Government Code § 911.2 ). For the statewide rules, see the filing deadlines explainer, including government claims.

Who recovers, and for what, after a wrongful death

  • The decedent’s own claim: Under Code of Civil Procedure section 377.30, a claim the person who died could have brought survives and may be filed by the personal representative or successor in interest.
  • Death of an adult: CACI 3921 covers lost financial support and household services and the loss of love, companionship, comfort, and moral support.
  • Death of a child: CACI 3922 governs what parents may recover for the death of a minor child.
  • Lawsuit deadline: Code of Civil Procedure section 335.1 generally allows two years to file a personal injury lawsuit.

California law explained: wrongful death and survival claims

California treats a death caused by someone else’s wrongful act or neglect as two separate legal claims. Both are often filed in the same lawsuit.

1. The wrongful death claim belongs to the family

Under Code of Civil Procedure section 377.60, the claim may be brought by the decedent’s personal representative or by the heirs and dependents listed in the statute. Damages are those that are “just” under all the circumstances (Code of Civil Procedure section 377.61). For the death of an adult, CACI 3921 lists economic losses (lost financial support, lost gifts or benefits, funeral and burial expenses, and the reasonable value of household services) and noneconomic losses (loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and training and guidance). The instruction tells jurors not to award damages for the family’s grief, sorrow, or mental anguish, or for the decedent’s own pain and suffering. CACI 3922 covers the death of a minor child, and CACI 3924 tells jurors that punitive damages are generally not available in the wrongful death claim itself. The exception is in Civil Code section 3294, subdivision (d): punitive damages may be sought in a wrongful death action when the death resulted from a homicide for which the defendant was convicted of a felony.

2. The survival claim belongs to the estate

A claim the decedent could have brought does not end at death (Code of Civil Procedure section 377.30). A successor in interest who files it must sign the declaration described in section 377.32. Under section 377.34, recovery is limited to losses the decedent sustained or incurred before death, plus penalties or punitive damages the decedent would have been entitled to. Pain, suffering, and disfigurement damages were allowed only in actions filed from January 1, 2022 to January 1, 2026, or granted trial preference before January 1, 2022.

3. Medical negligence cases

When the death results from a health care provider’s professional negligence, Civil Code section 3333.2 limits noneconomic damages. For a wrongful death case, the limit was $500,000 when the current version took effect on January 1, 2023, and it rises each year on the schedule in the statute. The statute of limitations is in Code of Civil Procedure section 340.5. As explained under the Aud case below, the limit does not apply when a facility is sued as a custodian under the Elder Abuse Act rather than as a health care provider.

4. Deadlines and government defendants

The general deadline is two years under Code of Civil Procedure section 335.1. A claim against a public entity generally must be presented within six months under Government Code section 911.2. Public entities can also raise statutory immunities, such as design immunity for an approved road plan under Government Code section 830.6.

Legislative history: California wrongful death and survival law

These facts come from the history notes on each statute in the California Legislative Information database and from the bill records linked below.

  • 1992 recodification. The survival statutes, Code of Civil Procedure sections 377.30 and 377.32, were enacted by Stats. 1992, Ch. 178, which reorganized California’s wrongful death and survival law into Chapter 4 of Title 3 of Part 2 of the Code of Civil Procedure.
  • Who may sue (2020). Section 377.60 was most recently amended by Stats. 2020, Ch. 51 (Assembly Bill 2445 (2020)). Subdivision (c) covers a minor who lived in the decedent’s household for the previous 180 days and received half or more of their support from the decedent, and it applies to deaths on or after January 1, 1993.
  • Temporary pain and suffering rule (2021). Senate Bill 447 (2021), Chapter 448, Statutes of 2021, amended section 377.34 to allow pain, suffering, and disfigurement damages in survival actions filed from January 1, 2022 to January 1, 2026. The Assembly Judiciary Committee analysis noted that California was “one of only five states” that barred these damages, and the bill was tied to court delays during the COVID-19 pandemic.
  • 2023 amendment. Section 377.34 was amended again by Stats. 2023, Ch. 131 (Assembly Bill 1754 (2023)). The 2026 end date for the pain and suffering rule was kept.
  • Extension effort (2025). Senate Bill 29 (2025) was moved to the Assembly inactive file on September 13, 2025, so the temporary rule was not extended.
  • MICRA changes (2022). Assembly Bill 35 (2022), Chapter 17, Statutes of 2022, amended Civil Code section 3333.2, setting separate limits of $350,000 for injury cases and $500,000 for death cases, effective January 1, 2023, with annual increases.

Recent California appellate decisions involving deaths

  • Osaze v. Gee (Sept. 29, 2026, A173403). A woman fell in a veterinary hospital hallway while chasing a dog that had escaped the grooming room, and she died three days later. The First District reversed summary judgment for the business and building owners. It held that the trial court should not have excluded the family’s veterinarian and engineering witnesses without the analysis required by Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747.
  • Tansavatdi v. City of Rancho Palos Verdes (Sept. 24, 2026, B343512). After the California Supreme Court’s earlier decision in the same case ((2023) 14 Cal.5th 639), the Second District held that design immunity under Government Code section 830.6 can cover warning signs or markings that were part of an approved, reasonable road design, and it affirmed judgment for the city.
  • Aud v. RRT Enterprises, LP (July 22, 2026, B341254). A successor in interest continued a nursing-home resident’s Elder Abuse Act case. Applying Holland v. Silverscreen Healthcare, Inc. (2025) 18 Cal.5th 364, the Second District held that the MICRA limit on noneconomic damages did not apply because the claims were based on the facility’s role as custodian and caregiver, not as a health care provider. The court also noted that under Welfare and Institutions Code section 15657, subdivision (b), a decedent’s personal representative can recover the decedent’s pre-death pain and suffering in qualifying elder abuse cases despite Code of Civil Procedure section 377.34, but those damages may not exceed the limit in Civil Code section 3333.2.
Injury Trial Lawyers

The team at Injury Trial Lawyers represents families in wrongful death cases, among a variety of other personal injury cases. Contact us to schedule a free initial consultation with our San Diego wrongful death attorney about your situation.

Frequently Asked Questions about Wrongful Death

Who can file a wrongful death claim in California?

Under Code of Civil Procedure section 377.60: the surviving spouse or domestic partner, children, and descendants of a deceased child; if there are none, the people who would inherit by intestate succession; certain financially dependent relatives such as a putative spouse, stepchildren, or parents; and a minor who lived in the household for the 180 days before the death and received at least half of their support from the decedent. The personal representative may also file.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates the family for their own losses, such as lost support and companionship. A survival claim, under Code of Civil Procedure section 377.30, continues the claim the person who died could have brought, such as medical bills and lost earnings before death.

Can the family recover for grief or for the decedent’s pain and suffering?

Not in the wrongful death claim: CACI 3921 tells jurors not to award damages for grief, sorrow, or the decedent’s pain and suffering. In a survival claim, pain and suffering damages were allowed only for actions filed from January 1, 2022 to January 1, 2026, unless an exception such as the Elder Abuse Act applies.

Are punitive damages available in a wrongful death case?

Generally not in the wrongful death claim itself (CACI 3924). There is an exception under Civil Code section 3294, subdivision (d), when the death resulted from a homicide for which the defendant was convicted of a felony. Punitive damages the decedent could have recovered may also be sought in the survival claim under Code of Civil Procedure section 377.34.

How long do we have to file?

Generally two years from the death under Code of Civil Procedure section 335.1. A claim against a government agency usually must be presented within six months (Government Code section 911.2), and medical negligence cases follow Code of Civil Procedure section 340.5.

Is there a limit on damages if the death was caused by medical negligence?

Yes. Civil Code section 3333.2 limits noneconomic damages against health care providers. For death cases the limit was $500,000 in 2023 and increases each year under the statute.

Am I eligible to file a wrongful death claim?

In order to determine whether or not you are legally able to seek compensation against a defendant in a wrongful death case, we will need to explore a variety of details, beginning with your relationship to the deceased. If we determine that you are, in fact, a designated beneficiary, we will then move forward to determine whether or not there is an actual wrongful death case. The previous sections offer insight into a few different examples of wrongful death cases, as well as some factors that are commonly present in these cases, which could help you understand your own situation a bit more.  However, the most reliable way for us to understand the options available to you is to begin working together as soon as possible. We will discuss your situation in detail during our free initial consultation in order to better understand the right path forward.

How much is my wrongful death case worth?

In order to determine the amount of money that we will seek in economic and non-economic damages in your wrongful death case, we will need to take time to investigate all aspects of the death and their impacts on your own life, financially and emotionally. Some wrongful death cases may not have any medical bills associated with them, while in other cases there may be extensive medical bills, to offer one example of the possible range of factors.  One of the first steps in our work together will be to begin compiling all of the information and documentation available in order to start quantifying the damages that you have suffered. In time, we will be able to present a clear and compelling argument to the defendant about compensation for your losses.

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