San Diego Wrongful Death Lawyer

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 today for a free evaluation of your case.

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 fall into the following categories:

  • Medical Expenses
    Any accident-related expenses incurred prior to the victim's death.

  • Funeral Expenses
    Any 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.

Contacting 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.


  • “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 to even pursue. Craig and his team sat down and walked us through the entire process giving us their honest opinion and options. We felt very comfortable with the process and completely relieved by the end of the first meeting, so we decided to proceed. It is three years later and we couldn't be happier that we did. Craig, Connor, and his team made the entire experience so easy and smooth. They were always available no matter how small our question or concern. I swear they work 24/7! And most importantly, we knew that they truly cared about us and the outcome. They fought for our family and have given us the piece of mind that our son's healthcare will always be covered. It is truly the greatest gift and we will forever be in their debt!”

    - S.P.

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