Wrongful Death Cases

San Diego Wrongful Death Attorney

A wrongful death claim under California law is a civil action brought by surviving family members when a person dies as the result of another party’s wrongful act or neglect. These cases arise from car accidents, truck collisions, medical malpractice, workplace incidents, defective products, and acts of violence. The civil claim is separate from any criminal prosecution — a wrongful death case can proceed regardless of whether criminal charges are filed, and the standard of proof is lower.

California law limits who can bring a wrongful death action. Under CCP § 377.60, the claim can be filed by the decedent’s surviving spouse or domestic partner, children, and issue of deceased children. If there is no surviving issue, the right passes to anyone who would be entitled to the decedent’s property by intestate succession. Additionally, certain dependents — including a putative spouse, stepchildren, and parents — may bring a claim if they were financially dependent on the decedent. A minor who resided in the decedent’s household for the 180 days before the death and depended on the decedent for at least half of their support also has standing to file.

Wrongful death claims in California are generally subject to a two-year statute of limitations from the date of death. Contact Angelo at (858) 255-1803 or request a free consultation online.

How Angelo Handles Wrongful Death Claims

Wrongful death cases require both legal precision and sensitivity to what the family is going through. Angelo manages the legal process so families can focus on grieving and rebuilding — while making sure the claim is built to maximize accountability and recovery.

Who Can File a Wrongful Death Claim

Standing to bring a wrongful death action is defined by statute, not by who feels the loss most deeply. Under CCP § 377.60, the primary right to file belongs to the decedent’s surviving spouse or registered domestic partner, children, and grandchildren (if their parent — the decedent’s child — predeceased the decedent). If no one in that first category survives, the right extends to anyone who would inherit under California’s intestate succession laws. Beyond this, dependents including a putative spouse, stepchildren, and parents may file if they were financially dependent on the decedent. Angelo evaluates each family’s circumstances to determine who has standing and how to structure the claim.

Damages in Wrongful Death Cases

Wrongful death damages in California are designed to compensate the survivors — not to punish the defendant. Recoverable damages include the financial support the decedent would have provided, loss of household services, funeral and burial expenses, and the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Calculating the value of a wrongful death claim requires projecting what the decedent would have earned and contributed over their remaining life expectancy. Angelo works with economists, vocational experts, and financial analysts to build a damages model that captures the full long-term economic and non-economic impact on the surviving family.

Keep reading: Car Accidents

Wrongful Death vs. Survival Action

California law recognizes two separate claims when someone dies due to another’s negligence. The wrongful death claim belongs to the surviving family and compensates them for their losses. A survival action, brought by the decedent’s estate, recovers damages that the decedent themselves would have been entitled to — including medical expenses incurred before death and pain and suffering experienced between the injury and the death. Angelo evaluates whether both claims should be pursued and coordinates the legal strategy accordingly.

• Who can file (CCP § 377.60) — Surviving spouse/domestic partner, children, and issue of deceased children. If no surviving issue, those entitled by intestate succession. Dependent putative spouse, stepchildren, parents, and qualifying minors also have standing.
• Statute of limitations — Generally two years from the date of death.
• Economic damages — Lost financial support, household services, funeral expenses.
• Non-economic damages — Loss of love, companionship, comfort, care, society, and moral support.
• Survival action — Separate claim by the estate for damages the decedent suffered before death.