Losing someone to another person’s carelessness is one of the most traumatic things a human being can go through. Between all the grief and shock, you’re somehow supposed to understand legal rights, filing deadlines, and compensation claims. That’s too much for anyone to process alone.
This guide walks you through the wrongful death process in San Diego, including who can file and what to expect. If you’ve lost a loved one due to negligence, then an experienced San Diego wrongful death attorney can help you seek justice and fair compensation.
What Qualifies as Wrongful Death in San Diego?
California law defines wrongful death as the death of someone that was caused by another person’s wrongful act or negligence. This is stipulated under Code of Civil Procedure § 377.60, and the victim would have had the right to sue for personal injury if they survived. Since they didn’t, certain family members can file a wrongful death lawsuit instead.
In San Diego County, these cases go through the Superior Court system. This is the same court that handles other civil matters, but wrongful death claims carry their own specific procedures and timelines.
These wrongful death cases can happen almost anywhere, for example:
- A driver runs a red light on Clairemont Mesa Boulevard and kills someone.
- A construction worker falls from scaffolding because the company skipped safety protocols.
- A doctor misdiagnoses a treatable condition, and the patient dies from lack of proper care.
The most important part here is that you must prove negligence. Someone had a duty to be careful, they weren’t, and that carelessness directly caused the death. Without establishing that chain, you do not have a valid wrongful death claim under California law.
Who Can File a Wrongful Death Claim in California?
Not just anyone can file a wrongful death lawsuit in San Diego. California’s wrongful death laws limit who has legal standing to bring these claims to court. Here’s who can file a wrongful death claim on behalf of the victim in California:
- Surviving spouse or domestic partner: If you were married to the deceased or registered as domestic partners, you can file a claim. This includes both legal marriages and officially registered partnerships.
- Children and legal dependents: Biological children, adopted children, and stepchildren who can demonstrate dependence all qualify. This covers minor children automatically, but adults can file too if they relied on their parent financially or emotionally.
- Parents: If the deceased had no spouse or children, then parents can step in as plaintiffs. This usually applies when an unmarried, childless adult dies.
Each person filing needs to show that they were dependent on the victim. Courts look at whether you relied on the deceased for financial support or companionship. An estranged child who hadn’t spoken to their parent in years faces a much tougher case than one who had an active relationship.
Filing a Wrongful Death Claim in San Diego: Step-by-Step Process
Wrongful death claims follow a specific process, and knowing what’s ahead will help you prepare. This is how to file a wrongful death claim in San Diego:
- Consult a wrongful death attorney: Start here. A San Diego wrongful death attorney who knows the local courts makes a huge difference. They understand which judges hear these cases, how insurance companies in Southern California work, and what your claim might be worth in this jurisdiction.
- Investigate and collect evidence: Your attorney looks into what happened. They may pull police reports if there was an accident and get subpoenas for medical records. You might also need expert witnesses, like accident reconstructionists or medical experts for cases involving medical malpractice. This phase takes time, but your attorney helps you gather all the evidence you need.
- File the claim: You and your attorney file your lawsuit in the San Diego Superior Court, usually at the Central Division downtown on Union Street. Your attorney prepares a complaint laying out exactly what happened and what damages you’re seeking. Once filed, the person responsible for your loved one’s death gets served and has to respond.
- Negotiate: There’s almost always negotiations before trial. Insurance companies have lawyers whose job is to pay out as little as possible, so they will try to strike a deal before going to trial. Many cases settle here, but some don’t. That’s when your attorney’s expertise can help.
- Litigate and go to trial: If negotiations stall, then you’re headed to court. Expect depositions where both sides question witnesses under oath. Discovery continues as each side requests additional documents. Eventually, you’ll get a court date, and a San Diego jury will hear the evidence and decide liability and damages.
- Resolve the case or settle: Most wrongful death cases settle before reaching a verdict. Once you’ve received a settlement or award from the court, your attorney will receive your check and subtract their fees before giving you the part you’re entitled to.
Keep in mind that California only gives you two years from the date of death to file and begin the wrongful death settlement process. If you miss that statute of limitations, you lose your right to compensation entirely.
Damages Available in a San Diego Wrongful Death Case
The court will award damages to compensate for what you’ve lost if you win your case. California separates these into two categories:
- Economic damages: These cover tangible financial losses you can calculate. They include things like medical bills from treatment before death, funeral and burial expenses, the income and financial support the deceased would have provided over their expected lifetime, and loss of household services provided.
- Non-economic damages: These address losses without price tags but just as real, like the companionship and partnership you’ve lost or the guidance and counsel you’ll never receive. Most importantly, you deserve compensation for the emotional pain and mental anguish that comes with losing someone you love.
How Long Does It Take to Resolve a Wrongful Death Claim?
There’s no standard timeline for a wrongful death case to be resolved. Some cases settle in six months. Others drag on for two years or more. What makes the difference is the complexity of the case, as a straightforward car accident resolves much faster than a medical malpractice case that requires multiple expert witnesses. How the insurance company behaves plays a role too, as some cooperative insurers negotiate in good faith while others will force you to go to trial.
Cases that settle during negotiation are the quickest to wrap up. Once you’re in active litigation with depositions and court dates, expect at least a year. If you go to trial, add several more months to go through the trial and any potential appeals.
Having an experienced wrongful death attorney by your side can speed things up considerably. They know how to gather evidence efficiently and push insurers to negotiate seriously.
Common Challenges Families Face
A wrongful death case happens during a painful period of your life, when you’re grieving and trying to keep everything together. Here are the obstacles most families run into:
- Insurance company delays or lowball offers: Insurers know you’re vulnerable. They’ll drag out responses, request endless documentation, and then offer settlements that don’t come close to covering your losses. It’s a strategy to wear you down until you accept less than you deserve.
- Disputes over liability or negligence: Defendants rarely admit fault easily. They’ll argue their actions didn’t cause death or that your loved one shared some of the blame. You’ll have to fight this with solid evidence to prove negligence.
- Emotional toll during litigation: Reliving the circumstances of the death through depositions and testimony takes a psychological toll. You’re trying to grieve while participating in an adversarial legal process that can drag out for months.
At Kroger-Diamond & Campos Injury Law, our San Diego wrongful death attorneys handle these legal burdens so your family can focus on healing.
Why Choose Kroger-Diamond & Campos Injury Law for Your Wrongful Death Case?
Kroger-Diamond & Campos Injury Law has deep roots in San Diego. With offices on University Avenue and in Carlsbad, our attorneys have spent their careers representing injury victims and grieving families across San Diego County. We know the local courts, the judges, and how to build cases that get results.
Our track record speaks for itself. We’ve secured a $2.5 million settlement in a commercial truck collision, $2 million in a spinal injury case, and $1.485 million for a pedestrian struck in a crosswalk, and we consistently obtain seven-figure results in complex injury and death cases. We’re dedicated to pursuing justice because we understand that your loss goes far beyond what shows up on medical bills or pay stubs.
Taking the First Step Toward Justice
Losing someone can change the trajectory of your life. The legal process shouldn’t add to that burden, but California’s two-year deadline means you can’t wait indefinitely. The good news is you don’t have to figure this out alone.
If you’ve lost someone due to negligence, don’t face the legal system alone. Contact Kroger-Diamond & Campos Injury Law, your trusted San Diego wrongful death attorney, for a free and confidential consultation today.
Frequently Asked Questions
Settlement amounts for wrongful death cases vary tremendously based on the deceased’s age and dependents. Cases range from low six figures to multiple millions per death.
Most wrongful death cases settle before trial through negotiations with insurance companies. If settlement talks fail, then you’ll have to go to court.
California allows multiple eligible family members to join one lawsuit together. You’ll share a single claim but can receive different damages based on each person’s relationship and dependence on the deceased.
Different courts handle criminal and civil cases. You can pursue compensation regardless of whether criminal charges result in a conviction or an acquittal.