Losing a family member in an accident that should never have happened is devastating. And then — on top of grief — families face a flood of practical questions: funeral expenses, lost income, medical bills from the final hospitalization. California law gives immediate family members the right to pursue a wrongful death claim against the person or entity responsible. De Santis Law Center represents grieving families throughout Chula Vista and San Diego County — and we handle these cases with the care, urgency, and determination they deserve.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit filed when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. It is separate from any criminal prosecution of the at-fault party. Even if the responsible person is never charged criminally — or is charged but acquitted — the family can still pursue civil compensation. The burden of proof in civil court is lower (“more likely than not” rather than “beyond a reasonable doubt”), which means families can often win civil cases even when criminal cases fail.
Under California Code of Civil Procedure §377.60, a wrongful death action may be brought by the deceased person’s surviving spouse or domestic partner, children, or — if there are no surviving children — the person’s parents or siblings. In some circumstances, other dependents may also qualify.
Who Files a Wrongful Death Claim and Who Receives the Recovery?
The claim is typically filed by the surviving spouse or an adult child on behalf of all eligible family members. All eligible claimants share in the recovery, and if they cannot agree on how to divide it, the court determines each person’s share based on their relationship with the deceased and their individual losses.
A separate but related claim — the “survival action” — is brought on behalf of the deceased person’s estate. It covers damages the person themselves suffered before death, including pre-death pain and suffering (in some circumstances), medical expenses incurred before death, and lost wages from the time of injury to the time of death. Our accident attorneys file both claims simultaneously to maximize total recovery for the family.
Lost a Family Member in an Accident? We Are Here to Help.
De Santis Law Center handles wrongful death cases throughout San Diego County with compassion and determination. Free consultation, no fee unless we recover.
Get a Free Consultation or call us at (619) 425-2120.
What Damages Can a Wrongful Death Claim Recover?
California’s wrongful death damages are designed to compensate survivors for what they lost — not what the deceased person suffered. Under CCP §377.61, recoverable damages include: financial support the deceased would have provided (lost income and future earning capacity), the value of household services and domestic contributions, loss of companionship, guidance, love, and affection, funeral and burial expenses, and loss of consortium for a surviving spouse.
One notable limit in California: wrongful death claimants cannot recover for their own grief, sorrow, or mental anguish — those are considered non-economic damages belonging to the survivor personally, not the estate. However, loss of companionship and love — a distinct legal category — is compensable and often forms the largest part of a wrongful death award. Understanding what a California personal injury case is worth takes on even greater complexity in wrongful death situations. The numbers are typically significant, and having experienced attorneys who understand how to quantify these losses makes a real difference.
Common Causes of Wrongful Death Claims in San Diego
Any accident that results in death can give rise to a wrongful death claim, provided someone else’s negligence caused it. The most common types we handle: car and truck accidents on San Diego’s freeways and surface streets, motorcycle crashes, pedestrian accidents, bicycle accidents, slip and fall accidents on unsafe property, and workplace accidents. Each type of accident has its own liability framework, evidence requirements, and potential defendants — which is why experience matters so much in these cases.
San Diego’s traffic corridors — I-5, I-805, and SR-94 — are among the state’s most dangerous for fatal crashes. If someone you love died on any of these roads, we investigate every contributing factor: speeding, drunk driving, distracted driving, defective roadway design, and vehicle defects are all potential sources of liability.
The Statute of Limitations for Wrongful Death in California
Families generally have two years from the date of the death to file a wrongful death lawsuit in California. If a government entity (a city, county, or state agency) is potentially responsible, a government tort claim must be filed within six months of the death. These deadlines are strict — missing them ends the family’s right to sue. Most families are focused on grief in the immediate aftermath, which is completely understandable. Calling an attorney does not mean starting a lawsuit — it means protecting your options while you decide how to proceed.
Why De Santis Law Center for a Wrongful Death Case?
Frank De Santis has been representing San Diego accident victims for 40 years. Our firm handles wrongful death cases on a contingency basis — you pay nothing unless we recover compensation for your family. We treat these cases with the gravity they deserve: thorough investigation, engagement of accident reconstructionists and economic experts when needed, and the willingness to go to trial if the at-fault party’s insurer refuses to offer fair value. Our case results speak to the outcomes we achieve for families across San Diego County.
Frequently Asked Questions About Wrongful Death Claims in California
What if the person who caused the death also died in the accident?
You can still file a claim — against the deceased at-fault driver’s estate. The driver’s auto liability insurance covers claims against the estate up to policy limits. If the driver’s estate has additional assets and the policy limits are insufficient, you can pursue those assets as well. The claim does not disappear because the at-fault driver died.
Does a criminal conviction of the at-fault driver help our civil case?
Significantly. A criminal conviction establishes the driver’s fault as a matter of law. The at-fault driver cannot re-litigate their guilt in a civil proceeding. Even a guilty plea — to vehicular manslaughter, DUI causing death, or a similar charge — functions as an admission that you can use directly in your civil case.
We cannot agree on a settlement split with other family members — what happens?
If the eligible heirs cannot agree on how to divide a wrongful death recovery, the court allocates shares based on each person’s actual losses and relationship with the deceased. This is handled as part of the litigation or settlement approval process. Our attorneys guide families through this process and aim to minimize conflict during an already painful time.
Can we pursue a wrongful death claim while the criminal case is pending?
Yes. Civil and criminal proceedings run independently. You can file a civil wrongful death lawsuit while criminal charges are pending — and many families choose to do so to preserve evidence and protect the statute of limitations. We coordinate carefully with criminal defense attorneys and prosecutors when both proceedings are active.
Ready to Get Started?
No amount of money brings back someone you love. But financial security for the family they left behind matters — and holding the responsible party accountable matters. De Santis Law Center is here for your family. Free consultation, no fee unless we win.
Get a Free Consultation or call us at (619) 425-2120.