San Diego Wrongful Death Lawyers

There is nothing more difficult than losing a loved one unexpectedly. Knowing that your loved one’s death could have and should have been prevented can make the healing process even harder.

While no amount of financial recovery can ever make up for your loss, pursuing a wrongful death action against the liable party can bring you a sense of justice and ease the unanticipated financial burdens associated with the loss of a family member. Hiring a skilled San Diego accidental death attorney can help you get the justice and financial compensation your family deserves.

If your loved one died because of someone else’s negligence or reckless behavior, Saeedian Law group can help. Our experienced San Diego wrongful death attorneys provide compassionate guidance while aggressively pursuing justice for your family. We handle every step of the legal process, from investigating the circumstances of the death to negotiating with insurance companies or taking your case to court. Contact us today for a free consultation.

What is a Wrongful Death Claim?

Wrongful death claims are civil lawsuits that surviving family members file to hold a negligent party accountable for their loved one’s death. These claims differ from other personal injury lawsuits as the damages are based on the survivor’s losses, not those of the deceased.

Compensation for the deceased’s damages before they passed away is covered under a survival action, which is often filed along with a wrongful death lawsuit.

Another important aspect of a wrongful death claim is that it’s not a criminal action. Criminal charges are filed by the state or federal government and involve some type of punishment, including fines or restitution. The criminal case has no bearing on your ability to bring a civil lawsuit for financial compensation.

What Compensation Can Be Recovered in a Wrongful Death Case

When a loved one dies due to someone else’s negligence or wrongful act, California law allows surviving family members to seek compensation for both economic and non-economic damages. With a valid wrongful death claim, you can recover the following damages.

• Medical expenses incurred before death
• Burial or funeral expenses
• Lost income and financial support
• Loss of care, guidance, and companionship
• Pain and suffering of surviving family members
• Emotional distress
• Punitive damages (if the responsible party’s conduct was particularly egregious)

Sometimes, the compensation may also include the deceased person’s pain and suffering. An example case study is the wrongful death case between Mickel Lewis Sr and the Kern County Deputy Sheriff. To be sure your damages are calculated correctly, you need the help of an experienced wrongful death attorney.

Damages in San Diego Wrongful Death Claims

The loss of a family member or loved one is an incredibly difficult thing to endure. Unfortunately, surviving family members are often left to deal with not only the immense emotional consequences of such a loss but myriad financial burdens, as well.

If your loved one required medical treatment before his or her death, you could be left facing enormous medical bills. Funerals and memorial services typically cost hundreds to thousands of dollars. And, if you were financially dependent on your loved one, you now face the overwhelming obstacle of securing enough income to pay your bills, make your rent or mortgage payments, buy food, send your children to school, and take care of life’s countless other monetary needs.

At Saeedian Law Group, our San Diego wrongful death attorneys can help you seek compensation for your damages by bringing a wrongful death claim against the liable party.

These damages vary, but typically include:

• Medical expenses incurred before death;
• Burial/funeral costs or cremation costs;
• Lost income, including loss of expected income;
• The value of household services;
• Loss of love/affection;
• Loss of support (financial, emotional, and otherwise); and
• Loss of community and attention.

In California, only certain individuals may bring a wrongful death claim. These individuals include the surviving spouse or domestic partner of the deceased, the surviving children (if any) of the deceased, and anyone in the direct line of descent of the deceased. If no such person exists, anyone who would legally be entitled to receive an inheritance/property from the deceased’s estate may bring a claim.

Additionally, anyone who can prove that they were financially dependent on the deceased at the time of his or her death can bring a wrongful death claim in California.

How Our San Diego Wrongful Death Attorneys Can Help

Losing a loved one is overwhelming, and pursuing a wrongful death claim while managing grief can be stressful and confusing. That’s we’re here to help you. Our San Diego wrongful death lawyers are always ready to take the burden of the legal process off your shoulders. Here’s a summary of how we help grieving family members of wrongful death victims.

1. Investigating the circumstances of the death

To determine liability in a wrongful death claim, you must prove negligence. Our wrongful death lawyers work with various experts to carry out thorough investigations and gather evidence. We also review police and medical reports, and show exactly how the death occurred and the negligence that caused your loved one’s wrongful death.

2. Identifying all liable parties

From the thorough investigation, our experienced attorneys identify every entity that share liability. It could be a negligent driver in a car accident, employer in a workplace accident, manufacturers in a product liability case, or even a government entity for unsafe road conditions.

3. Handling insurance companies

In most wrongful death and personal injury cases, insurance companies may try to deny liability or get you to say something that may admit fault. To make sure you don’t make such mistakes, we handle all communications with insurance companies so we can protect your rights.

4. Calculating full damages

We don’t want you to suffer financial strain due to the loss of your loved one. That’s why we make sure your wrongful death compensation covers all applicable financial and non-financial damages.

5. Negotiating Settlements

When they can’t deny the claim, insurance companies often try to offer lowball settlements. Sometimes, they also play the delay game to see if you’ll accept low settlement amounts out of pressure. We understand all these strategies, so we negotiate aggressively on your behalf to be sure you receive fair compensation.

6. Preparing for Court Trial

Sometimes, negotiations fail when both parties have conflicting opinions on fault or fair compensation. Whatever the case, our experienced San Diego wrongful death attorneys are ready to fight for your rights in court.

7. Expert Guidance

Not only do we represent you in settlement negotiations and in court, we also provide compassionate support and expert guidance throughout the process.

Who Can File a Wrongful Death Lawsuit in California

In California, a wrongful death lawsuit may be filed by the deceased person’s closest surviving family members. The order of priority is outlined in the California Code of Civil Procedure 377.60. Eligible persons include the surviving spouse or registered domestic partner, children, and, in some cases, grandchildren if the children are deceased.

If there are no direct descendants, others who were financially dependent on the deceased, such as parents, legal guardians, stepchildren, or a putative spouse, may also have the right to file. California law sets clear rules on eligibility, which is why speaking with a wrongful death attorney early is important to protect your claim.

Elements of a Wrongful Death Lawsuit

Before you can collect damages in a wrongful death lawsuit, you must prove four necessary elements. Proving liability in a wrongful death case can be more complicated because the victim is not alive to testify as to what happened.

The four elements of a San Diego, California wrongful death claim are:

• The defendant owed the deceased a duty of care;
• The defendant breached the duty of care through negligence, recklessness, or an intentional act;
• The negligent or wrongful act was the primary cause of the victim’s death; and
• Your family (the deceased’s beneficiaries) suffered damages as a result of the death.

Your San Diego wrongful death attorney will gather the necessary evidence to help prove these elements. We will conduct a thorough investigation and hire experts who can testify if necessary.

Their opinions can be crucial in determining the outcome of your case. Experts may include anyone from an accident reconstructionist who can testify about how the accident occurred to medical and occupational experts who can testify about what the cause of death was, future loss of earnings, etc.

Causes of Wrongful Death in San Diego

Wrongful death cases in San Diego often arise from preventable fatal accidents caused by negligence, recklessness, or intentional misconduct. These incidents can occur on the road, at work, on unsafe properties, or in medical settings, leaving families facing sudden and devastating loss.

Common causes of wrongful death in San Diego include:

• Car, truck, motorcycle, and pedestrian accidents
• Construction and workplace accidents
• Medical malpractice and healthcare negligence
• Defective or dangerous products
• Slip and fall and other premises liability accidents
• Nursing home abuse or neglect
• Acts of violence or negligent security

If your loved one’s death was caused by any of these situations, our wrongful death lawyers in San Diego can help determine liability and pursue justice on your family’s behalf. Contact us now for a free consultation.

Why Should You File Claim?

Understandably, you’re in mourning, so filing a civil lawsuit may be the furthest thing from your mind. Your immediate priorities may include planning a funeral and determining where your family member will be buried. You are likely also concerned about your family’s financial future, especially if your deceased loved one was the primary wage earner.

At the Saeedian Law Group, we empathize with what you are trying to deal with. We are sensitive to the fact that filing a lawsuit may not be your highest priority right now. But while filing a lawsuit can be complicated, it can provide multiple benefits.

For one, you can get some justice for your family member by ensuring the at-fault party is held accountable for their actions. It’s not uncommon for some defendants to go on and commit similar acts that will affect another family. For example, a drunk driver who kills someone may not have learned their lesson and will go on to continue drinking and driving when they get their license reinstated. You may be able to deter them from committing another wrongful or negligent act in the future.

Some family members find that filing a lawsuit can bring them much-needed closure. While no amount of money can bring back a loved one, knowing the responsible party will be held responsible can help.

The most obvious benefit of filing a wrongful death lawsuit is the financial peace of mind it can bring to your family. You deserve to have the compensation owed to you. Your family needs to be protected in the future and be able to take care of each other. Facing an uncertain future without a family member that you were financially dependent on can be terrifying. Understandably, you may be emotionally overwhelmed while trying to grieve and think about the future.

Let the San Diego wrongful death attorneys at Saeedian Law Group help. We can take care of all the stressful and complicated legal aspects of your family member’s death, allowing you to concentrate on grieving and taking care of the rest of your family members.

Survival Actions

In a survival action, the personal representative assumes the legal rights of the deceased.

That means the estate can collect the damages the deceased would’ve been entitled to, had they survived. You can only file a survival action if the person lived for a short time after the accident or complications from the accident ultimately caused them to pass away.

In California, a survival action can include damages for any losses the deceased incurred before their death, including penalties or punitive damages they might’ve been eligible to receive. For example, their medical expenses and lost wages before death and their physical pain and suffering could be compensated in a survival action. If the at-fault party acted intentionally or exhibited gross negligence, then the amount might include punitive damages.

Why Choose Saeedian Law Group for Wrongful Death Cases

How successful your wrongful death lawsuit is depends a lot on the expertise and experience of your legal team. At Saeedian Law Group, we combine legal strength with genuine care, guiding families through wrongful death cases with compassion, clarity, and determination.

Extensive local experience in San Diego wrongful death cases

Our team has deep knowledge of San Diego courts, local procedures, and California wrongful death laws. This local experience allows us to build stronger cases and navigate the legal system more effectively.

Compassionate and personalized support

We understand that no two families and no two losses are the same. Our attorneys take the time to listen, explain your options clearly, and tailor our legal strategy to your family’s specific needs and goals.

No upfront fees

You pay nothing out of pocket to hire us. We work on a contingency fee basis, which means we only get paid if we successfully recover compensation for your family.

Trial-ready approach

We’re aware that many cases settle, as only three percent of tort claims go to court. However, we prepare every wrongful death claim as if it will go to trial. This approach strengthens your case, signals seriousness to insurance companies, and ensures we are ready to fight for your family in court if needed.

Why You Should Contact a Wrongful Death Attorney in San Diego Right Away

As with other types of personal injury claims, you have only two years from the date of death to file a wrongful death lawsuit. Failure to file within the statute of limitations means the court could dismiss your case entirely, and your family will be barred from any type of financial recovery.

Don’t assume because the deadline is two years that you have plenty of time. The longer your attorney has to gather evidence, the better. You want to preserve evidence right away and have your attorney speak with witnesses to confirm their testimony. Our wrongful death lawyers in San Diego are always available to attend to your case immediately. Book a free consultation with us today.

Request a Free Consultation Today with a San Diego Wrongful Death Attorney

For over a decade, Saeedian Law Group has been providing compassionate, one-on-one legal representation for the surviving family members and loved ones of those wrongfully killed by the negligence of others. We handle all types of wrongful death claims. Contact us today.

Saeedian Law Group is a personal injury law firm based in Beverly Hills. We offer clients help with wrongful death cases and wrongful death lawsuits throughout California, including those in San Diego, Riverside, Los Angeles, Irvine, Modesto, Rancho Cucamonga, Oxnard, and Newport Beach.

FAQs

Our experienced lawyers with over 16 years of experience have provided comprehensive answers to some of the most common questions you may have about wrongful death claims in California

How Long Do I Have to File a Wrongful Death Lawsuit?

In California, you generally have two years from the date of death to file a wrongful death lawsuit. If the claim involves a government entity, shorter deadlines may apply. Speaking with a wrongful death lawyer early helps protect your rights.

What Damages Are Recoverable in a Wrongful Death Case?

Recoverable damages may include funeral and burial expenses, lost financial support, and loss of companionship. In some cases, loss of household services and future income may also be included. The damages depend on the relationship to the deceased and the impact of the loss.

Can Multiple Parties Be Held Liable?

Yes, more than one party can be held responsible for a wrongful death. This may include drivers, employers, property owners, manufacturers, or other negligent parties. A lawyer can investigate and identify all liable parties.

How Long Does a Wrongful Death Case Take?

The timeline varies based on the complexity of the case, available evidence, and whether the case settles or goes to court. Some cases resolve within months, while others may take longer if litigation is required. Your lawyer can provide a clearer estimate after reviewing the case.

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

Most wrongful death lawyers work on a contingency fee basis, meaning there are no upfront costs. You pay legal fees only if you recover compensation. The initial consultations are typically free.