Encinitas Wrongful Death Lawyers

Last updated on May 22, 2025

“Wrongful death” refers to a fatality caused by another person’s negligence, recklessness or intentional conduct. In San Diego and the rest of California, the wrongful death claim is often filed by members of the deceased person’s family who are impacted by that loss.

Depending on the case, these eligible family members may include a spouse, domestic partner, child, parent or other relative of the deceased. Occasionally, the claim is filed by a personal representative of the deceased’s estate. As there are technical aspects to these claims, it’s important to consult with an experienced legal professional.

What Are Examples Of Different Types Of California Wrongful Death Claims?

Like injury claims, wrongful death claims arise from a wide variety of accidents and other dangerous situations. These commonly include:

Auto accidents including bike accidents, pedestrian accidents, motorcycle accidents, truck accidents and drunk driving accidents
Defects in a product
Premises liability accidents including injuries inside homes or other private properties, construction sites or defective sidewalks
Occupational hazards and exposure
Inadequate training at workplaces
Improper safety equipment at workplaces
Improper supervision in nursing home facilities, day care facilities or on school field trips
Nursing home abuse and neglect

When a wrongful death accident happens and you are not at fault, it’s critical for you to have experienced attorneys on your side. Get hold of us today at 760-670-4554 to get the process started.

What Elements Must Be Proven For A Wrongful Death Claim To Be Successful In California?

To prevail in a wrongful death claim, the following elements must be proven:

The death was caused by another person’s negligence, recklessness or intentional conduct.
The family member or claimant has suffered, or will suffer, financial loss or other recoverable damages as a result of the death.

If the death resulted from an accident, claimants in a wrongful death case must prove the elements of negligence in addition to the wrongful death elements specified above, the elements of negligence include the following:

Duty of care: It must be proven that the party at fault owed the victim a legally recognized duty of care.
Breach of that duty: It must be proven that the party at fault breached their duty of care in some way. Some examples of breaches include disobeying traffic laws, failing to utilize reasonable safety measures, and failing to provide adequate training to employees.
Causation: It must be proven that the death resulted from the breach of the duty of care and not due to some other cause.
Damages: It must be proven that the claimant suffered damages as a result of the wrongful death. These damages may include funeral and burial expenses; loss of future income; loss of financial support; loss of household services; and the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.

What Types Of Compensation May Be Available For A San Diego County Wrongful Death?

Potential compensation may include:

Funeral and burial expenses
Loss of future income
Loss of financial support
Loss of household services
Loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.

How Long Do You Have To File A Wrongful Death Lawsuit In California?

Family members impacted by the death of a loved one must meet deadlines to file a wrongful death case. These deadlines are called “statute of limitations.” In California, the statute of limitation for wrongful death cases begins, typically, two years from the date the victim passed away.

Two years may appear to give family members plenty of time to file a claim. However, building a case can take time. Failing to file a case before the two-year statute of limitation can prevent family members from recovering compensation. Speaking with an Encinitas wrongful death lawyer after the loss of a loved one can help family members begin building their case and file before deadlines expire.

How Is The Value Of A Wrongful Death Case Determined In California?

The value of a wrongful death case in California is unique in every situation. There are several matters to examine when seeking compensation for a wrongful death. Factors that can affect a wrongful death claim include:

Loss of estimated wages the deceased could have earned
Cost of medical care the deceased received before their passing
Expenses put toward the deceased’s funeral, burial and cremation arrangements
Loss of health insurance, retirement benefits and other coverage the deceased provided to survivors
Loss of companionship, care and guidance from the deceased toward surviving family members.

With the right evidence, we can help clients who have suffered a wrongful death in the family recover maximum compensation for their losses.

What Is California’s “One Action” Rule?

Families seeking compensation for a wrongful death in California are subjected to the “one action rule.” This rule prevents a negligent party from facing multiple lawsuits from the victim’s family.

If a family is suing for damages because of a wrongful death, an eligible surviving heir must file a claim on behalf of the whole family. An eligible surviving heir can include a spouse, child, sibling or other family member. The claim also must include all known possible heirs. If the claim is successful, the compensation is divided between heirs.

Ensuring that the one action rule is followed can be difficult for families. Families can help ensure their rights are protected by reaching out to a wrongful death lawyer and discussing their options.

Speak With An Encinitas Wrongful Death Lawyer

Clearly, there is no dollar figure sufficient to compensate for the loss of a loved one. But some measure of justice, and peace of mind, may be attainable by ensuring that the party at fault is held responsible for their actions. By pursuing a legal action you may also reduce some of the financial burden unfairly placed upon your shoulders due to the death of a family member.

We are here to support you and answer all your questions. Please call Coast Law Group LLP at 760-670-4554 or reach out through our contact form.