Wrongful Death Attorneys in San Diego County

To succeed on a wrongful death claim in California, you must prove four core elements: (1) the defendant owed a duty of care to the deceased; (2) the defendant breached that duty through negligent, reckless, or intentional conduct; (3) that breach directly caused or substantially contributed to the death; and (4) surviving family members suffered measurable damages as a result. The types of evidence needed depend on the cause of death. In car accident cases, police reports, toxicology results, and accident reconstruction are often key. In nursing home negligence cases, medical records, facility inspection reports, and expert medical testimony are essential. In all cases, acting quickly to preserve evidence is critical. The wrongful death attorneys at Peck Law Corporation conduct independent investigations and work with leading experts to build the strongest possible case for your family. Contact us for a free consultation.

These are two distinct legal claims that are often filed together but compensate for different losses. A wrongful death claim (under California Code of Civil Procedure §377.60) is brought by surviving family members — such as a spouse, children, or dependents — to recover for the losses they have personally suffered as a result of their loved one's death. This includes lost financial support, loss of companionship, and funeral costs. A survival action (under CCP §377.30) is brought by the deceased's estate and compensates for the harm the deceased themselves suffered before death — including medical expenses incurred prior to death, lost earnings, and pain and suffering. In many cases involving negligence or elder abuse, both types of actions are filed simultaneously to maximize the family's total recovery. Contact Peck Law Corporation to discuss which claims apply in your situation.

California wrongful death law allows surviving family members to seek compensation for both economic and non-economic losses. Economic damages include funeral and burial expenses, the financial support the deceased would have provided over their lifetime, and the monetary value of household services they contributed. Non-economic damages include the loss of the deceased's love, companionship, guidance, and moral support. In cases where elder abuse or nursing home negligence contributed to the death, additional remedies may be available under the Elder Abuse and Dependent Adult Civil Protection Act, including attorney's fees and punitive damages. The deceased's estate may also bring a concurrent survival action to recover damages for the pain and suffering the victim experienced before death. Contact Peck Law Corporation to understand the full scope of your family's potential recovery.

In California, the statute of limitations for a wrongful death lawsuit is generally two years from the date of the deceased person's death. This deadline applies regardless of when the family discovers that negligence was the cause. In cases where the death was caused by a government employee or on government property, there is typically a shorter window — often six months to file an administrative claim. Missing these deadlines will almost certainly bar your family from recovering any compensation, no matter how strong the case. If your loved one's death involved nursing home negligence or elder abuse, additional statutes under the EADACPA may apply. Contact Peck Law Corporation immediately to ensure your family's rights are protected before the deadline passes.