San Diego Wrongful Death Lawyer

San Diego Wrongful Death Claims, Including Federal and Border Cases

When a family member dies in San Diego because of someone else's negligence, California law lets the closest relatives bring one wrongful death claim together.

It compensates the family's lost income and household help, the loss of the person's companionship, and the funeral costs.

Some San Diego deaths involve a Navy or Marine Corps vehicle, a public hospital, or a driver insured in Mexico, and each changes the first step.

A death caused by an on-duty federal driver is a claim against the United States, presented on a federal form within two years.

A death involving a city, the County, MTS, or a public hospital needs a written government claim within six months.

Most other wrongful death lawsuits must be filed within two years.

When your family is ready to talk about what happened, the call to (888) 713-6653 is confidential.

Who Can Bring a Wrongful Death Claim, From Spouses to Dependent Stepchildren

The surviving spouse or registered domestic partner, the children, and the children of a child who died earlier bring the claim first under Code of Civil Procedure § 377.60. Other relatives can sue when there are none, and certain dependents, including stepchildren, parents, and a minor who lived in the household, can sue when they depended on the person who died.^[1]

The heirs bring a single action together, and the court divides the award among them. Who qualifies, how the one-action rule works, and what the damages cover are set out in full on our page about wrongful death claims under California law.

Every heir with a claim needs to be identified at the start, because the case can be brought only once.

Four Situations That Change the First Step After a Death

Most of the law is the same across California. Four situations tied to San Diego County's roads, hospitals, and border change the first steps a family takes.

A motorcyclist or pedestrian killed on a city street or freeway

San Diego County ranked worst of California's 58 counties for motorcyclists killed and injured in 2023, with 1,693 victims.^[2] These claims follow the ordinary two-year deadline, unless a road defect brings in a public agency. If the person who died was partly at fault, the family's recovery is reduced by that percentage under California's comparative fault rules. Lane splitting is legal in California, so a rider who was splitting lanes is not at fault for that reason alone.

A crash with an on-duty service member or federal employee

The claim is against the United States under the Federal Tort Claims Act, presented in writing to the right agency, usually on Standard Form 95, within two years of the death.^[3] California law measures the damages, but no punitive damages are allowed, and the case is decided by a federal judge. Our page on military and federal vehicle claims in San Diego covers the process.

A death after care at a San Diego hospital

MICRA limits non-economic damages in a death caused by medical negligence to $650,000 in 2026, and the first step depends on the hospital's owner: a federal claim for Naval Medical Center San Diego, a six-month government claim for Palomar's public hospitals, and no government claim for UC San Diego Health.^[4] When the person who died was on active duty and the care was at a military hospital, the military's administrative process does not accept wrongful death claims, as our page on San Diego malpractice claims explains.

A collision with a driver insured in Mexico

Whether the other driver's Mexican policy counts in California depends on the vehicle's registration and the insurer. If it does not apply, the uninsured motorist coverage on the family's own policy can cover a death, which makes the family's policies part of the claim from the start.

A Child's Share of a Wrongful Death Settlement Needs a Judge's Approval

When a minor is among the heirs, the child's share of any settlement has to be approved by the court before it is final, under Code of Civil Procedure § 372. The request is made on a petition to approve the compromise of a minor's claim, Judicial Council form MC-350, filed with the Superior Court.

• The court reviews the amount and how the total is divided among the heirs
• The money is held for the child, usually in a blocked account, an annuity, or a trust, until age 18
• The court approves the attorney's fee on the child's share as part of the same petition

The hearing is where the surviving parent or guardian has a say in how the child's money is protected, as our page on court approval of a minor's settlement in California explains.

How a San Diego Wrongful Death Claim Is Valued

A San Diego wrongful death claim is worth what the family lost, measured by who the person was to them and what the person contributed, with no cap outside medical malpractice.

• Age, health, and earnings, which shape the lost financial support
• The family's relationships, since a child's claim includes a parent's care and training
• Who caused the death, since a federal claim allows no punitive damages and a medical death carries MICRA's limit
• The insurance available, including the family's own underinsured motorist coverage

Proposition 213 bars an uninsured driver's own pain-and-suffering claim, but California courts have held it does not reach the family's wrongful death damages. A separate survival claim recovers the person's own losses before death, and pre-death pain and suffering is no longer recoverable in most survival actions filed on or after January 1, 2026, as our page on survival damages after the 2026 change explains.

A family's claim is valued from the person's work history, the household's arrangements, and the records of the relationships involved.