Wrongful Death

San Diego Wrongful Death Attorneys

Pursuing Justice and Compensation for Families Who Have Lost a Loved One to Negligence

Losing a family member to another party’s negligence is devastating, and no lawsuit can undo that loss. What a wrongful death claim can do is hold the responsible party accountable and secure the financial stability your family needs going forward. At Banker’s Hill Law Firm, our San Diego wrongful death attorneys have more than three decades of experience representing grieving families throughout San Diego County and Southern California, and we handle every case with compassion and determination.

This page answers the questions families ask most: who can file, how long you have, what a claim is worth, and how the process works in San Diego. If you would rather speak with a wrongful death lawyer in San Diego directly, call (619) 230-0330 for a free, confidential consultation.

Proven Track Record

Our Wrongful Death Results

Our wrongful death lawyers have recovered significant compensation for grieving families across San Diego County and Southern California.

Below are examples of past case results. Individual outcomes depend on the specific facts of each case.

$1,000,000+
Settlement
Multiple seven-figure recoveries for seriously injured clients and their families
$742,000
Settlement
Serious injury matter; full recovery obtained on behalf of client
$663,000
Settlement
Full compensation recovered for seriously injured client

Additional Results

$557,000 Client sustained serious injuries; full recovery obtained after litigation
$330,000 Client recovered full policy limits following a personal injury claim
$215,000 Full compensation recovered following serious personal injury matter
$136,000 Compensation recovered for documented physical injuries
$129,650 Medical expenses and lost wages recovered
$100,000 Policy limits recovered for injured client following collision

Past results do not guarantee a similar outcome. Every case is unique and depends on its individual circumstances. Results may vary based on the specific facts of your case.

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What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit brought when a person dies because of another party’s negligence, recklessness, or intentional act. It allows the decedent’s family to recover for the losses the death caused them. Common scenarios giving rise to wrongful death claims include:

In California, a wrongful death lawsuit must generally be filed by the deceased’s surviving spouse, domestic partner, children, or — in certain circumstances — other dependents or the personal representative of the estate. Our legal team will help you determine who is entitled to file and guide the entire process.

Who Can File a Wrongful Death Claim in California?

California Code of Civil Procedure section 377.60 sets a specific order of who may sue. The right belongs first to the people closest to the decedent, and passes further down only if no one in the prior group survives:

  • Surviving spouse or domestic partner.
  • The decedent’s children, and the issue (grandchildren) of any child who has died.
  • Intestate heirs — if none of the above survive, whoever would inherit the decedent’s property under California’s intestate-succession law, often the parents or siblings.
  • Certain dependents — a putative spouse and their children, stepchildren, dependent parents, or a minor who lived in the decedent’s household for the previous 180 days and depended on the decedent for at least half of their support.

Because standing can be contested, and because only one wrongful death action may generally be brought, it is important to identify every eligible family member early.

What Is the Statute of Limitations for Wrongful Death in California?

In most cases, a California wrongful death lawsuit must be filed within two years of the date of death under Code of Civil Procedure section 335.1. Key exceptions can shorten or change that deadline:

  • Government defendants — if a public entity may be responsible (a government vehicle or a dangerous public road), you generally must file an administrative claim within six months under Government Code section 911.2 before you can sue.
  • Minor claimants — deadlines may be affected when a child is among those entitled to file.

What Damages Can Be Recovered in a California Wrongful Death Case?

California recognizes two related but distinct types of recovery after a death. Understanding the difference is essential to valuing a case correctly.

Wrongful death damages (the family’s losses)

Under Code of Civil Procedure section 377.61, surviving family members may recover for the losses the death caused them, including:

  • Financial support the decedent would have contributed, and the loss of gifts or benefits the survivors could have expected
  • Funeral and burial expenses
  • The reasonable value of household services the decedent provided
  • The loss of the decedent’s love, companionship, comfort, care, moral support, and — for a spouse — consortium
  • The loss of a parent’s training and guidance for surviving children

Survival action damages (the decedent’s own losses)

A separate survival action, brought by the decedent’s estate under Code of Civil Procedure sections 377.30 and 377.34, recovers the losses the decedent personally sustained between injury and death. Important 2026 update: for survival actions filed on or after January 1, 2026, recovery is limited to the decedent’s economic losses (such as pre-death medical bills and lost earnings) and any punitive damages. The temporary law that had allowed recovery of the decedent’s pre-death pain, suffering, and disfigurement (Senate Bill 447) applied only to actions filed from January 1, 2022 through December 31, 2025 and has since expired.

What If the Person Who Died Was Partly at Fault?

California applies a pure comparative negligence rule. A wrongful death recovery is reduced by the decedent’s percentage of fault but is not eliminated, even if the decedent was mostly at fault. If a jury assigns the decedent 25% of the blame, the family still recovers 75% of the damages. Insurers routinely try to inflate the decedent’s share of fault, and rebutting those arguments with evidence is a core part of our work.

How the Wrongful Death Claim Process Works

Attorney reviewing case documents with a client in a law office
1
Free Case Evaluation
We begin with a no-cost, confidential consultation to understand the circumstances of your loved one’s death and your family’s legal options. No obligations, no upfront fees.
2
Investigation and Evidence Collection
Our team gathers accident reports, medical records, expert opinions, witness statements, and all other available evidence to construct a thorough and compelling case.
3
Damage Calculation
We calculate the full scope of your family’s economic and non-economic losses, including projected future earnings, financial support, and the profound personal losses your family has suffered.
4
Negotiation with Insurance Companies
Insurers routinely undervalue wrongful death claims. We negotiate aggressively on your family’s behalf and will not accept an inadequate offer.
5
Trial Representation, If Necessary
If a fair settlement cannot be reached, we are fully prepared to litigate your wrongful death lawsuit in court and advocate for your family before a judge and jury.

What Compensation Is Available in a California Wrongful Death Case?

Economic Damages

  • Funeral, burial, and memorial expenses
  • Medical bills incurred prior to death
  • The deceased’s lost wages and projected future earnings
  • Loss of financial support and benefits the deceased provided to the family
  • Value of household services the deceased would have performed

Non-Economic Damages

  • Loss of companionship, love, affection, and moral support
  • Loss of parental guidance for surviving children
  • Emotional distress suffered by surviving family members
  • Survival action damages for pain and suffering experienced by the decedent prior to death

Wrongful Death Claims in San Diego: Local Considerations

Wrongful death lawsuits in the region are filed in the San Diego County Superior Court, with civil matters heard at the Hall of Justice in downtown San Diego and, depending on where the death occurred, at the court’s North County (Vista), East County (El Cajon), or South County (Chula Vista) divisions. Fatal collisions frequently happen on the county’s busiest corridors — Interstate 5, Interstate 8, Interstate 15, Interstate 805, and State Routes 94 and 163 — as well as at high-traffic intersections and worksites throughout the county. We represent families across San Diego County, including Chula Vista, El Cajon, La Mesa, Oceanside, Carlsbad, Escondido, and San Marcos.

Frequently Asked Questions: Wrongful Death Claims in San Diego

Under California Code of Civil Procedure section 377.60, the right to file follows a defined order. The surviving spouse or domestic partner, the decedent’s children, and the issue of any deceased children come first. If none of those survive, the right passes to whoever would inherit under California’s intestate-succession rules — often the decedent’s parents or siblings. Certain dependents may also qualify, including a putative spouse, stepchildren, dependent parents, and a minor who lived in the household for at least the previous 180 days and depended on the decedent for support.
In most cases, two years from the date of death under California Code of Civil Procedure section 335.1. If a government entity is involved — for example, a fatal crash caused by a dangerous public road or a government vehicle — you generally must file an administrative claim within six months. Missing these deadlines can permanently bar the claim, so it is important to act quickly.
A wrongful death claim compensates the surviving family members for their own losses — lost financial support, funeral costs, and the loss of the loved one’s companionship and guidance. A survival action, brought by the estate under Code of Civil Procedure sections 377.30 and 377.34, recovers losses the decedent suffered before death. Note an important 2026 change: for survival actions filed on or after January 1, 2026, recovery is limited to the decedent’s economic losses (such as pre-death medical bills and lost earnings) and any punitive damages. The temporary law that allowed the decedent’s pre-death pain and suffering to be recovered (SB 447) expired at the end of 2025.
Yes. California follows a pure comparative negligence rule, so a wrongful death recovery is reduced by the decedent’s percentage of fault rather than barred. If the decedent was found 20% at fault, the family may still recover 80% of the damages. Insurers often exaggerate the decedent’s fault to reduce what they pay, which is one reason experienced representation matters.
Yes. A civil wrongful death claim is entirely separate from any criminal case. The criminal case punishes the wrongdoer under a higher ‘beyond a reasonable doubt’ standard, while your civil claim seeks compensation under the lower ‘preponderance of the evidence’ standard. A family can pursue a civil claim regardless of whether criminal charges are filed or result in a conviction.
Nothing upfront. We handle wrongful death cases on a contingency-fee basis — you pay no attorney fees unless we recover compensation for your family — and the initial consultation is free.

Contact Our San Diego Wrongful Death Lawyers Today

Professional Woman With Glasses And A Red Blazer Sitting

If you or someone you love has lost a loved one because of someone else’s negligence, the team at Banker’s Hill Law Firm is ready to help. Call (619) 230-0330 or request a free case evaluation to speak with our San Diego legal team today. There are no upfront costs, and you owe no attorney fees unless we win.

About the Attorney: Maxwell C. Agha

Maxwell C. Agha is the founding principal of Banker’s Hill Law Firm, A.P.C. He earned his Juris Doctor from the University of San Diego School of Law in 1988 and has spent more than 36 years representing injured Californians in state and federal courts, recovering millions of dollars in settlements and verdicts. He represents families in fatal-accident and wrongful death cases across San Diego County, coordinating the wrongful death claim and the estate’s survival action to maximize the family’s total recovery.

Mr. Agha has been recognized among the Top 100 National Trial Lawyers and the Top 50 of the National Bar Association, is a Lanier Trial Academy alumnus, and has been featured on CourtTV for his work on catastrophic personal injury cases. He serves as an active arbitrator for the San Diego County Bar Association and is a member of the American Bar Association, San Diego County Consumer Attorneys, the Lawyers Club of San Diego, and the Earl B. Gilliam Bar Association.

Banker’s Hill Law Firm holds a 4.8-star rating across more than 430 client reviews, and our multilingual team assists clients in English, Spanish, Mandarin, Cantonese, Lao, Cambodian, and Arabic. Every personal injury and workers’ compensation case is handled on a contingency-fee basis — you pay no attorney fees unless we recover compensation for you.

Call us today at (619) 230-0330 or contact our office online to schedule your confidential, no-cost case evaluation.