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. 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 examples 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.

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.

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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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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, 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 (e.g., a fatal accident caused by a government employee) have a much shorter filing deadline—typically six months. (California Government Code § 945.6.)
• 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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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 settlement negotiations or taking your case 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:

• San Diego Wrongful Death Attorney
• Causes of Wrongful Death in San Diego

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