Losing a loved one is one of the most difficult experiences a family can face—especially when their death was caused by someone else’s careless or wrongful conduct. At Hulburt Law Firm, we represent spouses, children, parents, and other family members in serious wrongful death cases arising from fatal vehicle crashes, construction incidents, hazardous products, dangerous premises, and other preventable events.
Throughout your wrongful death case, we keep you informed, answer your questions, and explain each step in clear, compassionate terms. Because we limit the number of serious injury and death cases we accept, we’re able to devote the time needed to understand your loved one’s life, investigate how the incident occurred, and identify every person or company that may share responsibility.
Wrongful death cases can involve multiple family members, complex estate and insurance issues, and strict deadlines—especially when a government entity or dangerous product is involved. Our role is to handle the legal and factual complexity so that you and your family can focus on grieving and healing.
If you’ve lost a loved one due to someone else’s conduct in or around San Diego, we invite you to contact us for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A massive, improperly installed gate collapsed on a sub-contracted worker who was asked by the general contractor to paint it, causing his tragic death.
A concrete block wall wasn't properly supported and fell on a construction worker in El Cajon, killing him.
An event producer’s negligence led to a participant’s death in a vehicle collision.
A defective airplane engine ignition component caused a deadly crash in San Diego.
Campus security was speeding and collided with a student’s vehicle, killing her.
A San Diego construction worker was tragically killed when a concrete block wall collapsed onto him as he was digging a trench nearby. The general contractor quickly shifted blame to the subcontractor who employed the worker, alleging they failed to properly brace the wall.
Attorney Conor Hulburt refused to let the truth be buried. He contacted every shoring company in the region in search of an expert witness—and found a critical piece of evidence. One shoring engineer revealed he had previously visited the site at the request of the general contractor and warned them the wall was dangerously unstable. He had even proposed a comprehensive safety plan to prevent collapse. The general contractor ignored that advice and never warned the subcontractor or provided the safety measures recommended.
Conor exposed the deliberate choice to cut corners—a decision that cost a man his life. Faced with undeniable evidence of negligence and concealment, the general contractor entered into a confidential settlement with the worker’s family. The resolution provided some measure of justice for a preventable tragedy—and a powerful reminder that safety should never be sacrificed for savings.
If your family is facing a loss like this, you don’t have to navigate it alone. Request a free wrongful death case review to talk with a San Diego attorney about your options and next steps.
During your free case review, we listen to what happened, who your loved one was, and what questions your family has. We review any information you already have—such as police reports, incident reports, or insurance letters—and give an honest assessment of whether a wrongful death case may be available under California law. This conversation is confidential and there is no obligation to move forward.
If you decide to work with us, we begin a careful investigation into the incident that took your loved one’s life. That may include collecting reports, photographs, and video; interviewing witnesses; preserving physical evidence; and requesting records from companies, agencies, or other parties involved. Our goal at this stage is to understand how and why the death occurred and to secure key evidence before it is lost or changed.
With the basic facts in place, we identify all individuals, companies, and entities that may bear responsibility for your loved one’s death. In many cases, that means working with experts such as accident reconstructionists, medical specialists, product engineers, or industry professionals. Together, we piece together what should have been done differently and develop the evidence needed to prove fault in a wrongful death case.
Wrongful death cases are about more than numbers—they are about the relationship your family lost. We work with you to document funeral and burial expenses, the financial support your loved one provided, and the loss of their love, companionship, guidance, and household services. In appropriate cases, we may also coordinate with economic and vocational experts to help explain the long-term financial impact of the loss on your family.
Once we have a clear picture of what happened and what your family has lost, we present the case to the insurance companies and defense lawyers involved. We handle the day-to-day communications so you do not have to, and we push back against efforts to minimize your loved one’s life or the impact of their death. Throughout negotiations, we keep you updated, explain any settlement offers in plain language, and help you evaluate whether they are fair in light of your circumstances.
If a fair resolution cannot be reached through negotiation, we are prepared to file a lawsuit and present your case in court. Litigation can involve exchanging information, taking depositions, and, when necessary, preparing for trial. At every stage, we work to tell your loved one’s story respectfully and clearly—through your testimony, other witnesses, and expert evidence—so that judges and juries understand both how the death occurred and what the loss has meant for your family.
California’s wrongful death laws provide a civil remedy for certain surviving family members and dependents when a loved one dies because of someone else’s negligent, reckless, or intentional conduct. The goal is to compensate the family for the losses they suffer as a result of the death, separate from any criminal case that may also be filed.
Wrongful death occurs when a person dies as the result of another party’s wrongful act or neglect. In California, a wrongful death claim can arise from many different events, including:
Wrongful death is a civil claim. It focuses on the harm to the family and their losses, even if there is also a criminal investigation or prosecution.
For more information on California's wrongful death laws.
Only certain people are allowed to bring a wrongful death claim in California. In general, the law prioritizes those who are closest to the person who died and those who relied on them for support.
Those who may have standing to file include:
All eligible heirs generally must be joined in a single lawsuit under California’s “one-action rule,” even if they live in different places or do not all agree on every detail of the case.
For further discussion on eligible heirs to file a wrongful death claim.
To succeed in a wrongful death case, the people bringing the claim must generally prove that:
In civil cases like wrongful death, the standard of proof is usually a “preponderance of the evidence”—meaning it is more likely than not that the defendant’s conduct caused the death.
Visit Proving Negligence in Wrongful Death Cases in San Diego to learn more.
A wrongful death lawsuit seeks financial compensation for the family’s losses, not for the injuries the person suffered before death (those are typically addressed in a separate “survival” claim).
Depending on the facts and relationships involved, recoverable damages in a wrongful death case may include:
Under California law, punitive damages are generally not available in the wrongful death cause of action itself, but may be recoverable in a related survival claim brought on behalf of the decedent’s estate, where the law allows and the evidence supports it.
Delve deeper into the types of damages in wrongful death cases.
California follows a comparative fault system. If the person who died was found to be partly responsible for the event that caused their death, any damages awarded in the wrongful death case can be reduced by their percentage of fault.
For example, if the total damages are calculated at $1,000,000 and the decedent is found 25% at fault, the recoverable amount for the family could be reduced to $750,000. Comparative fault does not automatically prevent a claim—it simply affects how much compensation may ultimately be available.
Time limits, known as statutes of limitations, are crucial in wrongful death cases. In many California wrongful death actions, the general deadline to file suit is two years from the date of death under Code of Civil Procedure section 335.1. Failing to file within that period usually results in losing the right to pursue the claim in court.
However, there are important exceptions and special rules, including:
Because these deadlines can be complex and strictly enforced, families are generally encouraged to speak with a wrongful death attorney as soon as reasonably possible after a loss to understand which time limits apply in their situation.
For more information on the statute of limitations for wrongful death claims.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
You’re not legally required to hire a lawyer, but wrongful death cases are often complex. They can involve multiple family members, questions about who has the right to file, overlapping insurance policies, survival claims on behalf of the estate, and strict deadlines—especially if a government entity or dangerous product is involved.
Many families choose to work with a wrongful death attorney so they don’t have to manage investigations, evidence, negotiations, and court filings on their own while they are grieving. A lawyer can help you understand your options, explain what California law allows in your situation, and guide you through each step of the process.
Learn more about how a wrongful death lawyer can help.
Most wrongful death firms, including Hulburt Law Firm, work on a contingency fee in these cases. That generally means:
There may also be case costs—such as filing fees, expert fees, and records charges—that are advanced by the firm and reimbursed from any settlement or verdict, depending on the fee agreement. During a free consultation, the firm can explain how fees and costs work so your family understands the arrangement before moving forward.
California law limits who is allowed to file a wrongful death claim. In general, those with the closest relationship to the person who died, or who depended on them for support, have priority. This often includes:
California’s “one-action rule” generally requires all heirs to be joined in a single wrongful death lawsuit, even if they live out of state or are not all in agreement.
More information on who can file a wrongful death claim.
Damages in a wrongful death case focus on the losses suffered by the surviving family, not on the injuries experienced by the person who died (those are usually addressed in a separate survival claim). In California, recoverable wrongful death damages often include:
Economic damages, such as:
Non-economic damages, such as:
Punitive damages are generally not available in the wrongful death claim itself in California, but may be available in a related survival claim brought on behalf of the estate where the law allows and the evidence supports it.
Learn more about the compensation in wrongful death cases.
California’s one-action rule requires that all wrongful death claims arising from the same death be brought together in a single lawsuit. In practice, this means:
This can create practical challenges when family members are divorced, live in different states, or are estranged. For example, both parents of a deceased child, or all of a deceased parent’s children from different relationships, typically need to be included in one coordinated wrongful death action, even if they are not otherwise close.
Learn more about the One Action Rule.
A survival claim is a related but distinct claim brought on behalf of the decedent’s estate for the harm the person suffered before they died. It is different from a wrongful death claim, which compensates surviving family members for their own losses.
Key points about survival claims include:
Together, wrongful death and survival claims can help address both the family’s losses and the harms suffered by the person who died.
Pre-death pain and suffering refers to the physical pain and emotional distress a person experienced between the time they were injured and the time they passed away. These damages are part of a survival claim brought on behalf of the estate, rather than the wrongful death claim.
Pre-death pain and suffering can include:
To support this type of claim, evidence may include medical records, witness statements, expert testimony, and other documentation showing that the person survived for a period of time after the incident and experienced conscious pain or distress.
In many California wrongful death cases, the general statute of limitations is two years from the date of death. If a lawsuit is not filed within that time, the family may lose the right to pursue the claim in court.
There are important additional rules and exceptions, including:
Because these deadlines can be technical and strictly enforced, families are usually well-served by talking with a lawyer promptly to identify which time limits apply in their situation.
For more detailed information on the statute of limitations for wrongful death claims.
There is no single timeline for a wrongful death case. The length of a case can depend on factors such as:
Some cases may resolve within months through negotiation, while others—especially those involving complex facts or multiple defendants—can take a year or more. Throughout the process, a good firm will keep your family updated and explain the major milestones and options as they arise.
For a detailed overview of the legal process for wrongful death claims in San Diego.
Wrongful death cases in California can arise from many different types of incidents. Some of the more common causes include:
Each case turns on its own facts, including who had a duty to act safely and how those duties were violated.
Delve deeper into the causes of wrongful death in San Diego.
In many situations, amounts received as compensation for physical injuries or physical sickness, including wrongful death settlements, are not treated as taxable income for federal or California state income tax purposes. This can include compensation for loss of support, funeral expenses, and certain other wrongful death damages.
However, there are important exceptions. Portions of a resolution that are clearly labeled as interest, certain types of punitive damages, or amounts allocated to non-physical injuries may be taxable. The specific tax treatment depends on how the settlement or judgment is structured and applicable tax laws.
Because tax questions are highly fact-specific, families should consult a qualified tax professional about their particular situation. Your wrongful death attorney can help you understand the general financial implications of a proposed settlement and, when appropriate, coordinate with tax advisors.
Learn more about the tax implications of settlements and judgments.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.