San Diego Wrongful Death Lawyers

What Is Wrongful Death in California?

A wrongful death occurs when a person is killed due to the wrongful act or negligence of another. Under California law, this includes intentional acts, reckless conduct, or ordinary negligence that causes a fatal injury. The purpose of a wrongful death lawsuit is to allow surviving family members to recover damages for their losses.

Wrongful death cases can arise from a wide range of incidents, such as:

• Car accidents,
• Semi truck accidents,
• Bike accidents,
• Distracted driving,
• Drunk driving,
• Dog bite accidents,
• Livestock accidents,
• Motorcycle accidents,
• Pedestrian accidents,
• Product liability,
• Slip and fall incidents, and
• Workplace injuries.

Each case is unique, and determining your eligibility starts with understanding who has the right to file a claim.

Who Can File a Wrongful Death Lawsuit?

California law allows individuals to seek justice for their deceased loved one through a wrongful death claim. However, not just anyone can file. California’s wrongful death statute limits eligibility to specific people who had a close legal or financial relationship with the deceased.

Depending on the facts, the following individuals may be entitled to file a wrongful death lawsuit:

• The decedent’s surviving spouse or domestic partner;
• Children of the decedent;
• Children of a deceased child;
• Legal guardians of the decedent, if the parents are deceased;
• Other individuals entitled to the decedent’s estate by intestate succession;
• Putative spouses;
• Children of putative spouses;
• Stepchildren;
• Parents; and
• A minor child (not otherwise eligible) who lived in the decedent’s household for at least 180 days before the death and relied on the decedent for at least half of their support.

Determining eligibility to file can be complex, especially when multiple individuals are affected. Silva Injury Law’s wrongful death law firm in San Diego will carefully review your family’s circumstances and advise you on who can legally represent your loved one’s estate and pursue justice.

Proving Fault in a San Diego Wrongful Death Case

To win a wrongful death claim, your wrongful death lawyer must prove that someone else’s negligent or wrongful actions caused your loved one’s death.

Most claims are based on negligence, which requires proving the following four elements:

1. Duty of care—the defendant owed a duty of care to the victim (e.g., a driver must follow traffic laws);
2. Breach of duty—the defendant failed to meet that standard of care through a negligent act or omission;
3. Causation—this breach directly caused the death; and
4. Damages—the surviving family members suffered losses as a result.

Proving fault requires a thorough investigation and strong evidence, which the experienced team at Silva Injury Law can provide with care and precision.

How Long Do You Have to File a Wrongful Death Claim in California?

In California, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death. Failing to file within this window can result in the dismissal of your case. So, the sooner you contact a wrongful death attorney in San Diego, the better your chances of protecting your rights and preserving vital evidence.

How a San Diego Wrongful Death Attorney Can Help

A wrongful death claim is a profoundly personal matter involving grief, unanswered questions, and the need for closure. A skilled San Diego wrongful death lawyer is your legal representative, advocate, investigator, and support system. Here’s how Silva Injury Law can assist your family in the aftermath of a tragic loss.

Assist in Determining Who Has the Right to File

California’s wrongful death laws are complex, especially when multiple relatives or dependents are involved. Your attorney can carefully evaluate your relationship with the deceased and identify who is legally entitled to bring a claim. We also help ensure all eligible parties are included in the action to avoid disputes or procedural complications down the line.

Investigate the Cause of Death

Wrongful death claims require a thorough investigation to determine how the death occurred and whether negligence or wrongdoing was involved. At Silva Injury Law, we work with accident reconstruction experts, medical professionals, and investigators to gather evidence such as witness statements, police reports, surveillance footage, and physical evidence to support your claim.

We must produce evidence to show that the responsible party breached a legal duty and caused your loved one’s death.

Calculate the Full Value of Your Losses

No two families experience loss in the same way, and your compensation should reflect your specific emotional and financial damages. We work with economists and life-care planners to quantify the long-term impact of your loved one’s absence. This impact may include lost income, household services, companionship, emotional support, and more.

Negotiate a Fair Settlement with Insurance Companies

Insurance companies may reach out quickly after a death, hoping to settle before you can assess the full scope of your loss. Our attorneys protect you from lowball offers and handle all communication on your behalf. We know how to push back against insurance adjusters who undervalue claims or try to shift blame.

Prepare for Trial If Necessary

Most wrongful death cases are settled outside of court. If the at-fault party or their insurer refuses to offer a fair resolution, we are fully prepared to take your case to trial. Our legal team has extensive courtroom experience and understands how to present compelling arguments to judges and juries.

FAQs About Wrongful Death Claims

Here are answers to some of the most common questions about wrongful death lawsuits in San Diego.

How Many Wrongful Death Actions Can Be Filed?

There can only be one wrongful death lawsuit filed per decedent. All eligible survivors must join together in a single claim, even if multiple individuals have a right to recover damages.

How Much Does It Cost to Hire a Wrongful Death Attorney?

At Silva Injury Law, we work on a contingency fee basis, meaning you don’t pay anything unless we recover compensation for you. This allows you to focus on recovery without worrying about legal bills.

What Is the Difference Between Criminal Charges and a Wrongful Death Claim?

The state prosecutes criminal charges for a death (such as manslaughter or homicide), and may lead to imprisonment for the defendant if convicted. A wrongful death claim is a civil lawsuit brought by the family to recover financial compensation. These are separate legal proceedings.

How Much Money Can I Recover for My Wrongful Death Claim?

There is no fixed amount. The value depends on many factors, including the deceased’s age, income, and the emotional and financial impact on survivors. We will work with experts to build a compelling case and pursue maximum compensation.

Will My Case Go to Trial?

Most wrongful death claims are resolved by negotiated settlements, but our firm prepares every case as if it will go to trial. This approach ensures we are ready for any scenario and gives us more substantial leverage during negotiations.

Should I Speak with the Insurance Company?

No. Insurance companies often try to minimize payouts by getting you to say something that weakens your case. Always speak with an attorney before giving a recorded statement. Let Silva Injury Law handle communication on your behalf.

Talk to a Wrongful Death Lawyer in San Diego Today

If you lost a loved one due to someone else’s negligence, you deserve trusted legal guidance and real results. Silva Injury Law proudly serves the San Diego community with empathy, professionalism, and a problem-solving mindset.

Our team understands the emotional weight of wrongful death claims and is committed to caring for you through each step. Let us handle the legal burden while you focus on honoring your loved one’s memory. Contact Silva Injury Law online or call (209) 600-4389 today to schedule your free case review.