San Diego Wrongful Death Attorney

Who Can File a Wrongful Death Lawsuit?

California law is very specific about who has the "standing" to bring a wrongful death claim to court. The law prioritizes those who were most dependent on the deceased.

The following individuals are typically eligible to file:

• The Surviving Spouse or Domestic Partner: The legal partner of the deceased at the time of death.
• Children: Biological and adopted children of the deceased.
• Grandchildren: If the deceased’s children are also deceased.
• Stepchildren or Parents: If they can prove they were financially dependent on the deceased.
• Personal Representative: The executor of the deceased person’s estate may file on behalf of the eligible heirs.

If none of these individuals exist, the law allows anyone who would be entitled to the person's property by intestate succession (such as siblings or parents) to bring a claim.

Compensation from Wrongful Death Claims

In California, "damages" in a wrongful death case are intended to compensate for the value of the support the heirs could have expected to receive if the deceased had lived. These are generally divided into two categories: economic and non-economic damages.

Economic Damages

These are quantifiable financial losses resulting from the death:

• Financial Support: The amount of money the deceased would have contributed to the family during their expected lifetime.
• Loss of Benefits: The value of health insurance or retirement plans lost due to the death.
• Funeral and Burial Expenses: The reasonable costs associated with laying your loved one to rest.
• Household Services: The monetary value of tasks the deceased performed, such as childcare, cleaning, and home maintenance.

Non-Economic Damages

These represent the "intangible" losses that are often the most painful:

• Loss of Companionship: The loss of the deceased’s love, community, attention, and moral support.
• Loss of Consortium: The loss of intimacy and companionship for a surviving spouse or partner.
• Loss of Guidance: The loss of training and guidance for surviving children.

Unlike some states, California does not have a "cap" on non-economic damages in most wrongful death cases, except for those involving medical malpractice.

Frequently Asked Questions

Can I file a claim if my loved one was partially at fault?

Yes. California follows a "pure comparative negligence" rule. This means that even if your loved one was partially responsible for the accident, you can still recover damages, though your award will be reduced by their percentage of fault.

What is the difference between a Wrongful Death claim and a Survival Action?

A wrongful death claim compensates the heirs for their losses. A survival action (under Code of Civil Procedure 377.30) is brought on behalf of the deceased's estate to recover damages the deceased suffered before death, such as medical bills and lost wages incurred between the injury and the passing.

How much does it cost to hire a wrongful death lawyer?

At [Sub:BusinessName], we work on a contingency fee basis. This means you pay nothing upfront. We only collect a fee if we successfully recover compensation for your family.

How long do these cases take to resolve?

Every case is unique. Some may settle in a few months, while complex cases involving litigation can take a year or longer. We strive to move the process along as efficiently as possible without sacrificing the quality of your recovery.