What Qualifies as Wrongful Death in San Diego?

“Wrongful death” in California arises when a person dies because of another party’s negligent, reckless, or intentional conduct. See our overview: What Is Wrongful Death?. Statutory authority includes California Code of Civil Procedure § 377.60, which identifies eligible survivors, and related sections defining procedures and damages:

• CCP § 377.60 (eligible survivors): leginfo
• CCP title/chapters on wrongful death procedure and damages: leginfo—procedural chapter and leginfo—damages chapter
• California civil jury instruction on wrongful death damages (CACI 3921): Justia—CACI 3921

In everyday life, people and businesses owe a basic duty not to expose others to unreasonable risk. A death caused by violating that duty—on the road, at a business, in a rental, or by a defective product—may be “wrongful.”

Who Can Bring a Wrongful Death Claim in San Diego?

California law limits who can file. Eligible survivors typically include (see CCP § 377.60):

• Surviving spouse or domestic partner (domestic partnership defined at Family Code § 297: leginfo—Fam. Code § 297)
  
• Children of the deceased
  
• Grandchildren (if the deceased’s child is also deceased)
  
• Other dependents: putative spouse and children, stepchildren, or parents who were financially dependent
  
• Persons entitled by intestate succession in certain circumstances
  

All eligible family members should proceed in one action; multiple separate suits are not permitted. Where multiple defendants contributed to the death, claims may be asserted against each responsible party within the same case. For timing, review our guide on the wrongful death statute of limitations and contact us promptly via the firm’s Contact page.

Types of San Diego Wrongful Death Cases We Handle

A fatal claim can arise in many settings. Our trial team handles cases including:

• Transportation: Aviation accidents, car accidents, truck crashes, bicycle, motorcycle, pedestrian, taxi, and train accidents.
  
• Products & premises: Defective products, drowning accidents, hotel/Airbnb hazards, theme-park incidents, and dangerous property conditions.
  
• Intentional acts: Assaults and other criminal conduct.
  

Wrongful Death Risks in San Diego

San Diego’s mix of tourism, coastal recreation, and dense traffic creates unique hazards, including:

• E-scooter/e-bike incidents along boardwalks
  
• Tourist drivers unfamiliar with local roads
  
• Hotel, motel, and Airbnb dangers
  
• DUI or drug-impaired driving
  
• Incidents at major venues (theme parks, arenas)
  
• Boating and water-sport mishaps
  
• Dangerous pool conditions
  
• Delivery and commercial vehicle collisions
  

If your family suffered a loss in any of these scenarios, speak with a San Diego wrongful death lawyer to understand next steps.

What Compensation Can You Recover in a San Diego Wrongful Death Case?

A wrongful death claim is designed to compensate families for both economic and non-economic losses.

Economic damages include:

• Medical expenses if your loved one survived for a period after the accident. Hospital bills, ICU costs, and life support can be overwhelming — a single day in intensive care can cost thousands (Life Support Costs).
  
• Funeral and burial expenses, which often exceed $10,000 (Workers’ Comp Death Benefits—DIR).
  
• Property damage tied to the incident.
  
• Loss of income and benefits the deceased would have earned across their expected lifetime.
  
• Household services such as cooking, childcare, or maintenance. For context: childcare costs average over $11,000 annually (Verywell Family), senior in-home care averages $21/hour (Paying for Senior Care), and housekeeping in San Diego averages $167 per visit.
  

Non-economic damages include:

• Loss of companionship, comfort, and society
  
• Loss of enjoyment of sexual relations (for spouses/partners)
  
• Loss of guidance and support for children
  

Punitive damages may be available in egregious cases, such as intentional killings or extreme recklessness. For jury guidance, see CACI 3921 Jury Instruction.

How to Successfully Bring a Wrongful Death Claim in San Diego

To prevail, you and your attorney must prove:

1. Fault of another party. This could be a reckless driver, a negligent property owner, or a company selling a defective product. See our dedicated guides on San Diego car accidents or truck crashes for examples.
   
2. Proper legal relationship. Only eligible survivors listed under CCP § 377.60 may file.
   
3. Evidence of damages. Includes medical bills, income loss, service replacement costs, and emotional losses.
   
4. Timeliness. California law generally provides two years to file (see Statute of Limitations overview). Shorter deadlines apply in some cases (e.g., claims against government agencies).
   

Survival actions may also be available — separate claims for damages your loved one could have pursued had they survived. Learn more about California wrongful death statutes on leginfo.

Wrongful Death FAQ

Is a wrongful death lawyer the same as a personal injury lawyer?

Not always. Wrongful death is a specialized type of personal injury. High-value damages, overlapping criminal cases, and media exposure make these cases uniquely complex. You need a lawyer with proven wrongful death verdicts — not just general personal injury experience.

How much does a wrongful death lawyer cost?

Most firms, including ours, work on contingency. That means no upfront fees — we only get paid if we recover money for you. See our Contact page to schedule a free case evaluation.

When should I hire a wrongful death lawyer?

As soon as possible. Quick settlements from insurers often undervalue claims. Having an attorney early protects you from being pressured into taking less than your family deserves. We also buffer you from press, adjusters, and investigators so you can grieve in peace.

Is there a statute of limitations?

Yes. Typically two years from the date of death, with exceptions. Work-related deaths may trigger a one-year deadline for workers’ comp benefits (California DIR Benefits Guide). For exact timelines, consult with us quickly.

What if my loved one died in a work accident?

Workers’ comp provides funeral coverage (up to $10,000) and wage-replacement benefits of at least $250,000 depending on dependents. Families of undocumented workers are also covered. You may also have third-party claims beyond workers’ comp (e.g., against a negligent driver or product manufacturer).

Do You Need a San Diego Wrongful Death Lawyer?

If you’re facing the unimaginable loss of a loved one, you shouldn’t face insurance companies or corporate defense teams alone. At Gomez Trial Attorneys, we bring experience, compassion, and results — including California’s record-setting $106 million wrongful death verdict.

Our lawyers handle all types of fatal cases, from motorcycle crashes to aviation accidents, drowning to defective products. Learn more about the firm on the Gomez homepage.

Call 866-TRIAL LAW (866-874-2552) or reach out through our Contact page for your free wrongful death case evaluation.