San Diego Wrongful Death Lawyer: (619) 215-1488

Skilled Representation for Wrongful Death Lawsuits

If you've recently lost a loved one before their time because of someone else's negligent or wrongful actions, you may be able to file a wrongful death lawsuit to recover financial compensation. The McClellan Law Firm is here for grieving families to guide them through the legal process. Our firm has won more than $250 million in verdicts and settlements for clients. You can trust our firm to get you the justice that you deserve.

Call The McClellan Law Firm at (619) 215-1488 for a free case evaluation.

Who can file a wrongful death lawsuit?

In the state of California, only certain people can file a wrongful death lawsuit for their family member or loved one. Those guidelines can be found in § 377.60-377.62 of the California Code of Civil Procedure.

The codes state that any of the following individuals can file a wrongful death lawsuit:

  • Surviving spouse or domestic partner
  • The decedent's children

If there is no surviving spouse, domestic partner, or children, the following parties may file a claim:

  • Other dependents of the decedent
  • Putative spouse
  • Children of the putative spouse
  • Stepchildren
  • Parents

While multiple parties have the right to file a wrongful death claim, only one lawsuit per wrongful death is allowed. So, for example, a surviving spouse and a surviving stepchild cannot file separate actions.

How much time do I have to file a wrongful death lawsuit?

Like most personal injury and other negligence claims, plaintiffs have two years from the date of the victim's death to file a wrongful death lawsuit. This two year time period is known as the "statute of limitations."

What type of compensation could I be entitled to?

Wrongful deaths can warrant financial compensation to cover a number of costs as well as emotional needs.

Compensation for these types of cases is always different, but usually falls into the following categories:

  • Medical Expenses – Accident-related expenses incurred prior to the victim's death.
  • Funeral Expenses – Expenses related to the funeral, burial, or memorial of the victim.
  • Other Economic Damages – Any expenses incurred as a direct result of the death of the loved one, such as loss of income.
  • Noneconomic Damages – Any emotional damage, such as pain and suffering or loss of companionship, resulting from the victim's death. In California, there are caps on how much noneconomic compensation a plaintiff can recover.

Contact a Wrongful Death Lawyer in San Diego

If you lost a loved one because of the wrongful or negligent acts of another, you may be entitled to take legal action. To learn more about your case and how we could help, contact The McClellan Law Firm today. We have won more million-dollar and more verdicts and settlements than any other law firm in San Diego.

When you need an attorney you can trust, look to The McClellan Law Firm. Call us today.

  • Endorced by the Inner Circle of Advocates

    Craig McClellan is a member of the invitation-only group of the top 100 plaintiff trial lawyers in the United States

  • Attorney McClellan earned a Distinguished rating from Martindale-Hubbell for his achievements.

  • Attorney McClellan has been selected to the list of the Best Lawyers in America every year since 1993.

  • Attorney McClellan is listed as one of America’s Top 100 High Stakes Litigators in Business, Personal Injury, and Product Liability.

  • Attorney Craig McClellan earned one of the top 50 verdicts in California, securing a $15,771,234 verdict for a client seriously injured in a car accident.

  • Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney can receive from Avvo.

  • The firm has an A+ rating from the Better Business Bureau, the highest possible rating offered by the organization.

  • The firm earned a Tier 1 ranking in Commercial Litigation in the 2019 list of the Best Law Firms.

  • The firm earned a Tier 1 ranking in Personal Injury in the 2019 list of the Best Law Firms.

  • The firm earned a Tier 1 ranking in Product Liability in the 2019 list of the Best Law Firms.

  • Attorney McClellan has been named the Lawyer of the Year by the Best Lawyers in America in 2012, twice in 2014, and in 2019.

  • Attorney McClellan is a member of the Consumer Attorneys of San Diego, and previously served on its Board of Directors.

  • Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

  • Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.

  • Attorney Craig McClellan was named one of the Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

  • Attorney Craig McClellan has been selected to the list of Super Lawyers every year since 2007.

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  • We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful! A.K.

  • Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of ... G.P.

  • We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL. K.V.

  • I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing ... Juror

  • I thank you for your kindness and generosity in giving selflessly without reserve. Additionally, please extend my thanks to your staff for their diligent work and encouragement throughout the trial. A.D.

  • We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives. S.C.

  • Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors ...

  • It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession. Judge J.

  • Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated ... Juror

  • We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant ... S.P.

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