Losing a family member because of another party’s negligence is one of the hardest experiences a family can face, and the sudden financial strain often arrives on top of the emotional loss. California law allows the closest survivors to hold the responsible party accountable and to seek compensation for the losses that follow a preventable death. If your family is grieving a death caused by someone else in San Diego, you have the right to pursue a claim, and you do not have to carry that burden alone. For a broader view of how we serve injured people and families across the region, see our San Diego personal injury practice.
Callahan & Blaine, PC is a California civil trial firm that has represented injured clients and families since 1984. Our team of more than 30 attorneys is led by President and Senior Trial Attorney Edward Susolik, who has been recognized in Super Lawyers among the Top 100 attorneys in Southern California. We handle San Diego wrongful death claims with both compassion and courtroom readiness, because holding a negligent party accountable often requires a firm prepared to try the case.
What Is Wrongful Death Under California Law
A wrongful death is a death caused by the wrongful act or negligence of another person or entity. Under California Code of Civil Procedure section 377.60, specific surviving family members may bring a wrongful death claim to recover for the losses they suffer because of the death, such as lost financial support and the loss of the relationship. To succeed, the family generally must show that the at-fault party owed a duty of care, breached that duty, and caused the death, and that the survivors suffered resulting losses.
A wrongful death claim is different from a survival action. Under California Code of Civil Procedure sections 377.30 and 377.34, a survival action is brought by the personal representative of the estate to recover the losses the person who died experienced before passing, such as medical bills and certain pre-death damages. The two claims are often pursued together, and our attorneys evaluate which claims fit your family’s circumstances.
Who Can File a Wrongful Death Claim in San Diego
California law sets a priority order for who may bring a wrongful death claim, which generally follows the closeness of the relationship to the person who died. Those who may be eligible include the following.
- The surviving spouse or registered domestic partner
- The surviving children, and the issue of any deceased child
- If there is no surviving person in the decedent’s line of descent, those who would be entitled to the property by intestate succession, such as parents or siblings
- Certain financial dependents, including a putative spouse, stepchildren, or parents who relied on the decedent for support
Because eligibility can be contested and more than one family member may have rights, it helps to have an attorney confirm who is entitled to file before a deadline passes.
How Fault Is Proven in a San Diego Wrongful Death Claim
Establishing responsibility for a preventable death rests on four elements. Our attorneys build the proof for each one through a thorough investigation.
Duty of Care
The at-fault party owed the person who died a legal duty to act with reasonable care.
Breach
That party breached the duty through a negligent, reckless, or wrongful act.
Causation
The breach was a direct and substantial cause of the death.
Damages
The surviving family suffered real financial and personal losses as a result.
Common Causes of Wrongful Death in San Diego
A wrongful death claim can arise from many kinds of preventable incidents. The cases our San Diego attorneys handle often involve the following.
Car Accidents
Fatal collisions caused by distracted, impaired, or reckless drivers are among the most common sources of wrongful death claims.
Truck Accidents
The size and weight of commercial trucks make these crashes especially likely to cause fatal injuries.
Catastrophic Injuries
Severe head, brain, and internal injuries can prove fatal even with prompt medical care.
Defective Products and Unsafe Premises
Dangerous products and hazardous property conditions can lead to a preventable death and shared liability.
Compensation Available in a San Diego Wrongful Death Claim
California wrongful death law is meant to address the losses the surviving family suffers. When we evaluate your claim, we account for the following categories of damages.
Economic Damages
Funeral and burial costs, the financial support the person would have provided, lost benefits, and the value of household services.
Non-Economic Damages
The loss of the relationship, including companionship, moral support, protection, and guidance the family member provided.
Survival Action Damages
Through a related survival action, the estate may recover certain losses the person incurred before death, and punitive damages in narrow cases of egregious conduct.
Statute of Limitations for San Diego Wrongful Death Claims
Under California Code of Civil Procedure sections 335.1 and 377.60, a wrongful death claim generally must be filed within two years of the date of death. If the responsible party is a government entity, such as a public agency whose vehicle or property was involved, you must first file a claim with that entity within six months under Government Code section 911.2, a much shorter window that is easy to miss.
Missing the deadline that applies to your family usually ends the right to recover, no matter how clear the fault. Evidence also fades and witnesses become harder to reach as time passes, so it is wise to speak with an attorney early. You can review the state’s own overview of these deadlines through the California Courts self-help guide.
Meet Edward Susolik
Families pursuing a San Diego wrongful death claim are supported by one of the most recognized trial lawyers in Southern California.
Edward Susolik
President and Senior Trial Attorney
Edward Susolik leads Callahan & Blaine, PC and its insurance and complex commercial litigation practice. He has been recognized in Super Lawyers among the Top 100 attorneys in Southern California for many consecutive years, and he has spent his career holding negligent parties and insurance companies accountable and taking difficult cases to trial. That courtroom experience informs how our attorneys prepare and value every San Diego wrongful death claim.
Why Choose Callahan & Blaine, PC for Your San Diego Wrongful Death Claim
When your family is choosing a firm to seek accountability for a preventable death, preparation and trial readiness matter. The following strengths set our representation apart.
Trial-Ready Representation
We prepare each claim for the courtroom, which strengthens our position in every negotiation.
Decades of California Litigation
We have represented injured clients and families across California since 1984.
A Deep Bench
A team of more than 30 attorneys allows us to take on complex, high-stakes claims.
Statewide Reach
From Orange County to San Diego, we serve families throughout Southern California.
With decades of courtroom success across California, our attorneys are prepared to fight for the outcome you deserve.
Contact the San Diego Wrongful Death Lawyers at Callahan & Blaine, PC
If your family has lost someone because of another party’s negligence, you deserve representation that will handle every part of the claim with care and resolve while you focus on one another. Our attorneys understand what is at stake for your family, and we are prepared to pursue the full compensation the law allows.
To put our trial experience to work on your case, contact us to submit your potential case and take the first step toward accountability. Hire Callahan & Blaine, PC to Handle Your Litigation Matter.
Frequently Asked Questions About San Diego Wrongful Death Claims
Who can file a wrongful death claim in San Diego?
California law sets a priority order that generally begins with the surviving spouse or registered domestic partner and the surviving children. If there is no one in the decedent’s line of descent, those entitled to the estate by intestate succession, such as parents or siblings, may file, and certain financial dependents may also qualify. An attorney can confirm who is eligible before a deadline passes.
How long do I have to file a wrongful death claim in California?
In most cases you have two years from the date of death to file under California Code of Civil Procedure section 377.60. If a government entity is responsible, you may have as little as six months to file a claim with that entity first, so it is important to act quickly.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses, such as lost support and the loss of the relationship. A survival action, brought by the estate under California Code of Civil Procedure sections 377.30 and 377.34, recovers losses the person who died experienced before passing. The two are often pursued together.
What compensation can my family recover in a wrongful death claim?
Families may recover economic damages such as funeral and burial costs, lost financial support, and the value of household services, along with non-economic damages for the loss of companionship, guidance, and support. Through a related survival action, the estate may also recover certain pre-death losses.
How is fault proven in a wrongful death claim?
Your attorneys must show that the at-fault party owed a duty of care, breached that duty, and caused the death, and that the surviving family suffered losses as a result. Proof is built through investigation, physical evidence, records, and witness testimony.
Is a wrongful death claim the same as a criminal case?
No. A criminal case is brought by the government and can result in penalties such as jail time, while a wrongful death claim is a civil action your family brings to recover compensation. A person can face both, and a civil claim can proceed regardless of the outcome of any criminal case.
