When someone dies because of another person’s negligent or reckless conduct, California law gives surviving family members the right to pursue compensation for the financial and personal losses that follow. A wrongful death claim does not undo what happened, but it does create a formal legal pathway to hold the responsible party accountable and recover damages that reflect the true impact of the loss on your family.
At The Law Office of Kevin Lemieux, APC, our team has represented grieving families in San Diego County for more than two decades. We understand that what you need during this time is clear answers, honest guidance, and someone who will handle the legal process so your family can focus on what matters most. Call us at (619) 488-6767 or contact us online to schedule a consultation with a San Diego wrongful death lawyer.
Why Choose The Law Office of Kevin Lemieux, APC?
Kevin Lemieux and his trial attorneys bring more than 20 years of experience handling serious personal injury and wrongful death cases throughout San Diego County. When we take on a wrongful death case, we handle every aspect of the legal process:
- Conducting a thorough investigation into the circumstances of the death
- Identifying every negligent party and their applicable insurance coverage
- Working with medical, financial, and forensic specialists to calculate the full value of your loss
- Handling all negotiations with insurance companies and opposing counsel
- Preparing your case for trial when a fair settlement is not reached
- Keeping you informed at every stage so you always know where your case stands
When Does a Death Give Rise to a Wrongful Death Claim?
A wrongful death claim arises when someone dies as the result of another party’s negligent, reckless, or intentional conduct. California law allows surviving family members to pursue compensation in circumstances including:
- Car accidents
- Motorcycle collisions
- Truck and commercial vehicle crashes
- Pedestrian and bicycle accidents
- Defective products
- Medical malpractice
- Workplace accidents
- Premises liability and unsafe property conditions
- Nursing home abuse and neglect
- Drowning and swimming pool accidents
Who May Be Liable for a Wrongful Death Lawsuit in San Diego?
Liability in a wrongful death case depends on who acted negligently and how their conduct contributed to the fatal incident. More than one party can bear responsibility, and identifying each one is essential to building a complete claim:
- A negligent driver or vehicle operator
- A property owner who failed to maintain safe conditions
- A medical provider who delivered substandard care
- A product manufacturer or distributor
- An employer who allowed dangerous working conditions
- A government entity responsible for hazardous roadways or infrastructure
- A contractor or subcontractor on a construction site
How Much Is a Wrongful Death Claim Worth in California?
There is no fixed dollar amount for a wrongful death claim, as each case involves unique facts and losses. The value of your claim depends on multiple factors that our team will evaluate on your family’s behalf:
- The age and health of the deceased at the time of death
- The deceased’s earning capacity and income history
- The number and relationship of surviving family members
- The financial and emotional dependence of survivors on the deceased
- The circumstances and degree of negligence involved
- Whether punitive damages may apply through a companion survival action
In California, punitive damages in these cases are available only through a survival action filed alongside the wrongful death claim, not through the wrongful death claim itself.
What Damages Can You Recover for a Wrongful Death Claim in California?
Under California Code of Civil Procedure § 377.61, courts may award damages that are just based on the full circumstances of the case. The types of compensation available to surviving family members include:
- Loss of the deceased’s future earnings and financial contributions
- Loss of companionship
- Loss of guidance and nurturing for surviving children
- Funeral and burial expenses
- Loss of household services the deceased provided
- Loss of inheritance
FAQ: Answers for Families
What Is a Survival Action?
A survival action is a separate legal claim that allows the deceased’s estate to recover damages the deceased would have been entitled to pursue had they survived. Unlike a wrongful death claim, a survival action compensates for losses the deceased personally suffered before passing:
- Pain and suffering endured before death
- Medical expenses incurred between the injury and death
- Lost earnings from the date of injury to the date of death
- Property damage
- Punitive damages in cases of extreme misconduct
Who Can Bring a Wrongful Death Action in California?
California Code of Civil Procedure § 377.60 outlines who has legal standing to file a wrongful death lawsuit. The law designates the following individuals:
- The deceased’s surviving spouse or registered domestic partner
- The deceased’s children or grandchildren
- Any person entitled to the deceased’s property through intestate succession
- Putative spouses, stepchildren, or parents who were financially dependent on the deceased
- A minor who lived in the deceased’s household for 180 days before the death and depended on the deceased for at least half of their support
How Long Do I Have to File a Wrongful Death Lawsuit?
In most cases, California Code of Civil Procedure § 335.1 gives surviving family members two years from the date of death to file a wrongful death lawsuit. If the claim involves a government entity, California Government Code Section 911.2 requires you to file an administrative claim within six months of the date of death. Missing either deadline can permanently bar your family from pursuing compensation, which is why early legal consultation is important.
What If the Person Responsible for My Family Member’s Death Was Not Charged With a Crime?
A wrongful death claim is a civil action entirely separate from any criminal prosecution arising from the same incident. The burden of proof in a civil case is lower than in a criminal case, meaning your family can pursue and potentially succeed in a wrongful death claim even if the responsible party is not criminally convicted or if no criminal charges are filed at all.
Do Not Wait to Speak to a San Diego Wrongful Death Lawyer
San Diego County families dealing with a sudden and preventable loss face strict legal deadlines while also managing grief, financial uncertainty, and unanswered questions about what happened. The sooner our team can review the facts, the more options your family will have.
Call Kevin Lemieux at The Law Office of Kevin Lemieux, APC at (619) 488-6767 or contact us online to schedule a free consultation with a San Diego wrongful death lawyer who will assess your family’s legal options, identify every responsible party, and handle the legal process from beginning to end.
When someone dies because of another person’s negligent or reckless conduct, California law gives surviving family members the right to pursue compensation for the financial and personal losses that follow. A wrongful death claim does not undo what happened, but it does create a formal legal pathway to hold the responsible party accountable and recover damages that reflect the true impact of the loss on your family.
A wrongful death claim arises when someone dies as the result of another party’s negligent, reckless, or intentional conduct. California law allows surviving family members to pursue compensation in circumstances including:
