Losing a loved one because someone else acted negligently is devastating, and you deserve clear answers about what comes next. If you believe you may be eligible to file under California Code of Civil Procedure § 377.60, BD&J is here to help you understand your options and take action. With more than 20 years of serving California clients and more than $3 billion recovered for clients, our California wrongful death attorneys can speak with you right away—contact us today for a free, confidential case evaluation.
At BD&J, you can rely on our San Diego wrongful death lawyers that’s focused on holding the responsible party accountable and pursuing the compensation you and your family deserve. If you recently lost someone close to you due to another party’s negligence or recklessness, we can help you explore a wrongful death claim and the liability considerations that may affect your case. Our attorneys are here to help you during this difficult time.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit that lets you seek compensation when a person’s death was caused by someone else’s wrongful act or negligence. If you’re considering a wrongful death claim in California, it’s also important to understand how it differs from a survival action and from any related criminal case that may be happening at the same time.
| Wrongful Death Claim | Survival Action | Criminal Case |
| A civil claim brought by eligible family members/heirs to recover losses you suffer because of the death. | A civil claim brought by the estate/representative to recover losses the deceased could have claimed if they had lived. | A case brought by the government (prosecutor/DA) to punish a defendant for a crime. |
| Uses the civil burden of proof and can result in financial compensation. | Separate from wrongful death and may be pursued alongside it, depending on the facts. | Uses the higher criminal burden of proof and can result in jail/prison, probation, fines, or other penalties. |
Common Causes of Wrongful Deaths
Wrongful deaths occur for all sorts of reasons, often due to negligence or misconduct by someone with a duty of care. Common causes include:
- Car accidents: Reckless or impaired driving, speeding, and distracted driving frequently result in fatal collisions.
- Truck accidents: Collisions involving commercial trucks can be especially deadly and may involve multiple liable parties.
- Pedestrian collisions: Fatal crashes involving pedestrians can happen at intersections, crosswalks, and on busy San Diego roadways.
- Medical malpractice: Errors such as misdiagnosis, surgical mistakes, or improper treatment can lead to fatal consequences.
- Workplace accidents: Construction site incidents, industrial equipment malfunctions, and exposure to hazardous substances can cause fatal injuries.
- Premises liability: Dangerous property conditions, inadequate security, and other unsafe premises issues can lead to fatal injuries.
- Defective products: Dangerous consumer goods, faulty medical devices, and unsafe pharmaceuticals can lead to wrongful deaths.
- Criminal acts: Homicides and violent assaults are intentional acts that may warrant a wrongful death lawsuit.
Understanding the cause of wrongful death is the first step in determining liability and pursuing justice for grieving families. Picking apart the legal issues in these complex cases can be challenging when you’re grieving, which makes having a capable lawyer in your corner more important than ever.
Who Can File a Wrongful Death Claim?
Under California law, only specific individuals are eligible to file a wrongful death lawsuit. Eligibility is governed by California Code of Civil Procedure § 377.60, and it can depend on your family structure and intestate succession rules. Only one wrongful death lawsuit may be filed per death, even though multiple eligible people may participate in that single case.
- The deceased’s surviving spouse or registered domestic partner
- The deceased’s children, both minor and adult
- The deceased’s parents or legal guardians, especially if the deceased was underage and in their custody
- A putative spouse (a person who believed in good faith they were married to the deceased)
- Dependent stepchildren and other dependents in qualifying circumstances
- Other statutory heirs who would be entitled to inherit under California law (when applicable)
Because standing can be complex, and because a related survival action may also be available, talking with an attorney is the most reliable way to confirm whether you can file and what claims you can bring.
Who Can Be Held Liable in Wrongful Death Cases?
Who may be legally responsible depends on the specific facts of your loved one’s death, and BD&J can help you identify all potentially responsible parties. Depending on what happened, liability may involve:
- Negligent or reckless drivers in fatal car accidents
- Medical professionals in malpractice cases
- Employers for unsafe work conditions
- Manufacturers or the distributors of defective products
- Property owners who fail to maintain safe premises for residents and visitors
- Perpetrators of violent crimes that lead to death
How to Prove a Wrongful Death Claim
To win a wrongful death lawsuit, you generally must prove your case by a preponderance of the evidence (meaning it’s more likely than not that the defendant is responsible). Plaintiffs must prove the following elements:
- Duty of care: The defendant owed the deceased a duty of care. Examples include a doctor who’s expected to provide competent medical care, a driver who’s expected to operate a vehicle safely, and an employer who’s expected to maintain a safe working environment.
- Breach of duty: The defendant’s negligence or misconduct violated their duty of care. This could be a doctor who acts outside accepted treatment protocols, a drunk driver, or the management of an unsafe workplace littered with hazards and other safety violations.
- Causation: The defendant’s actions directly led to the deceased’s death. Establishing fault is a major part of any wrongful death suit.
- Damages: You and your family suffer losses due to the death. Building a strong case often involves evidence such as police reports, medical records, witness statements, photos, and expert analysis.
What Compensation Can You Receive?
A wrongful death lawsuit can provide compensation for losses you suffer because of your loved one’s death, including:
- Economic damages: Funeral and burial expenses, medical bills incurred before death, loss of financial support, and loss of household services.
- Noneconomic damages: Loss of companionship, comfort, care, assistance, protection, affection, and moral support, as well as loss of training and guidance (often described in everyday terms as a loss of consortium-type loss of the relationship).
- Punitive damages: Punitive damages generally are not available in a wrongful death claim, but they may be available in a related survival action or in limited circumstances tied to felony conduct.
While no amount of money can replace a loved one, financial recovery can help you and your family plan for what’s ahead and reduce immediate financial pressure.
How Long Do You Have to File in California?
California law imposes strict deadlines for wrongful death claims. In many cases, the statute of limitations is 2 years from the date of death under California Code of Civil Procedure § 335.1.
However, exceptions can apply depending on the facts, for example, when you could not reasonably have discovered the cause of death right away (often referred to as the “discovery rule”), or when special rules apply to certain defendants. Examples include:
- Medical malpractice cases: Timing may be affected by California Code of Civil Procedure § 340.5, which can involve a 3-year/1-year framework depending on when the injury was discovered (or reasonably should have been discovered).
- Government entity claims: If your case involves government entity claims, you may need to file an administrative claim within 6 months under Government Code § 911.2 before you can sue. If you miss this government-claim deadline, you can lose the right to pursue compensation.
Because these deadlines can be complicated, and because exceptions depend on the details, talking to a wrongful death lawyer quickly is one of the best ways to protect your rights.
How BD&J’s San Diego Wrongful Death Lawyers Can Help You
A wrongful death case involves complex legal procedures, and having skilled legal representation is critical. At BD&J, we assist you by:
- We investigate what happened by gathering records, interviewing witnesses, and working with experts when needed.
- We identify all potentially liable parties and evaluate the best legal options based on the facts of your case.
- We handle insurance communications and negotiate aggressively for a fair settlement that reflects your losses.
- We file a lawsuit and represent you in court if the other side refuses to make a reasonable offer.
- We keep you informed and supported throughout the process, so you aren’t left guessing about what comes next.
Getting Started with BD&J’s San Diego Wrongful Death Lawyers
- Gather the key records. Collect what you can (or let us help you obtain it), including basic incident details and any documents you already have.
- Schedule a free, confidential case evaluation. You can contact us 24/7, and we’ll talk through what happened and whether you may have a case under California law.
- Let BD&J handle the investigation and claim. We’ll take over evidence gathering, responsible-party identification, and the steps involved in how to file a wrongful death claim in California.
First 24–72 hours evidence-preservation checklist:
- Accident or incident reports (including any police report number)
- Medical records and bills related to the final injury/illness
- Names and contact information for witnesses
- Photographs or video of the scene, vehicles, hazards, or defective products
- Insurance communications (letters, claim numbers, adjuster contact info)
- A copy of the death certificate when available
Frequently Asked Questions
Who can file a wrongful death claim in California?
Standing is controlled by California Code of Civil Procedure § 377.60. In general, eligible claimants can include a surviving spouse or registered domestic partner, children, a putative spouse, certain dependents (including dependent stepchildren in qualifying situations), and other statutory heirs, depending on your family structure. Because only one wrongful death lawsuit may be filed per death, it’s important to confirm eligibility early.
How long do I have to file a wrongful death lawsuit in San Diego?
Many cases must be filed within two years under California Code of Civil Procedure § 335.1, but exceptions may apply. Medical malpractice timing can be affected by California Code of Civil Procedure § 340.5, and cases involving government entity claims can require a claim within six months under Government Code § 911.2.
What damages can be recovered in a wrongful death case?
In a wrongful death case, you can typically pursue economic losses (including funeral/burial costs and loss of financial support) and noneconomic losses tied to the loss of your relationship (such as loss of companionship, care, and guidance). Punitive damages usually are not part of the wrongful death claim itself, though related claims may change the analysis depending on the facts.
Can I still bring a wrongful death claim if there is a criminal case?
Yes. A criminal case is separate from a civil wrongful death claim. Even if the District Attorney is prosecuting the defendant, you may still be able to pursue your civil case for compensation, and the civil case uses a different burden of proof than the criminal case.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim focuses on the losses you suffer because of your loved one’s death. A survival action is a separate civil claim that focuses on losses the deceased could have pursued if they had survived, and it is typically brought by the estate’s representative.
Start Your Wrongful Death Claim with BD&J Today
Losing a loved one due to negligence or misconduct is a devastating experience. While no legal action can undo your loss, a wrongful death claim can help you pursue accountability and financial stability for your family.
With more than 20 years of serving California clients and more than $3 billion recovered for clients, BD&J is ready to help you take the next step. If negligence or recklessness caused your loved one’s death, you can contact BD&J’s San Diego wrongful death lawyers 24/7 for a free, confidential case evaluation. You pay no upfront attorney’s fees—our firm works on a contingency-fee basis, so we only get paid if we recover compensation for you.
