Wrongful Death

San Diego Wrongful Death Attorneys

Khashayar Law Group represents families whose loved ones have died because of another party’s negligence or wrongful conduct. The firm’s directly relevant wrongful-death result is a firm-reported $4,000,000 wrongful-death motorcycle accident settlement. Khashayar Law Group also publishes related public-entity and serious-injury results, including a $4,500,000 verdict / $4,800,000 judgment in Brownlee v. City of San Diego, a public-entity trip-and-fall / traumatic brain injury matter — a premises-liability / public-entity result, not a wrongful-death result. Across all personal injury matters, Khashayar Law Group has recovered more than $165 million for clients. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm handles wrongful death matters with the compassion the loss requires and the trial-readiness the case demands. Consultations are free and confidential.

What a California Wrongful Death Claim Is

Under California Code of Civil Procedure §§377.60–377.62, certain surviving family members may bring a civil action when a person’s death is caused by the wrongful act or negligence of another. A wrongful death action compensates the surviving family for their own losses arising from the death, distinct from any pain and suffering the decedent experienced before death.

Who Can File a Wrongful Death Claim in California

Under California Code of Civil Procedure §377.60, the right to bring a wrongful death claim belongs to a specific class of survivors, in order:

• The surviving spouse or domestic partner registered under California law.
• The decedent’s children, including legally adopted children.
• Issue of deceased children (grandchildren when the decedent’s child has predeceased).
• Other heirs entitled to inherit by intestate succession when no surviving spouse or descendants exist.
• Dependent putative spouses, stepchildren, and parents in certain circumstances under §377.60(b).

The right to file is exclusive to this class. A non-listed family member generally cannot bring a wrongful death claim in California regardless of how close the relationship was. Identifying the right plaintiffs and joining all necessary parties is one of the first procedural decisions in a California wrongful death case.

Damages Available in a California Wrongful Death Case

California wrongful death damages compensate the survivors for their own losses, not the decedent’s. Recoverable categories include:

• Loss of financial support the decedent would have provided.
• Loss of gifts or benefits the survivors would have expected to receive.
• Funeral and burial expenses.
• The reasonable value of household services the decedent would have provided.
• Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and (for spouses/partners) enjoyment of sexual relations.
• Loss of training and guidance a parent would have provided to surviving children.

California wrongful death claims do not include the decedent’s own pre-death pain and suffering — that recovery belongs to a separate survival action under Code of Civil Procedure §377.34, brought by the personal representative of the decedent’s estate. Many wrongful death cases include both claims.

How Khashayar Law Group Handles Wrongful Death Cases

Wrongful death cases require an unusual combination of legal precision and human sensitivity. The firm’s process starts with identifying every party whose conduct contributed to the death, preserving time-sensitive evidence, retaining the right experts (accident reconstruction, medical causation, economic, life-care), and structuring claims to capture both wrongful death and survival damages where appropriate.

Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco. Khashayar Law Group’s $4,500,000 verdict / $4,800,000 judgment in the Brownlee v. City of San Diego matter (a public-entity trip-and-fall / traumatic brain injury case, not a wrongful-death case) shows that government-entity injury claims can proceed when the procedural moves — including the §911.2 government claim — are made on time.

ABOTA Membership and What It Means for Wrongful Death Families

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization of civil trial lawyers and judges whose membership requirements include substantial civil jury-trial experience and local chapter approval. ABOTA membership is one signal of trial experience; trial preparation can affect how wrongful-death defendants and their insurers evaluate settlement risk, although outcomes vary by case, venue, evidence, and applicable law.

Government-Entity Wrongful Death Cases

When a government employee, a government vehicle, or a known dangerous condition on public property contributes to a death, California Government Code §911.2 requires a written government claim within six months of the date of death. This deadline is shorter than the two-year personal-injury statute and applies regardless of the wrongful death context. Missing the six-month deadline generally bars the claim. The Brownlee trip-and-fall / TBI matter against the City of San Diego, which produced a $4,500,000 verdict and a $4,800,000 judgment after costs and fees, is an example of a public-entity case (premises liability / TBI — not wrongful death) in which the proper §911.2 government claim had to be filed early.

Time Limits for a California Wrongful Death Claim

California Code of Civil Procedure §335.1 generally provides a two-year period from the date of death to file a wrongful death lawsuit. California Government Code §911.2 requires a written government claim within six months when a government entity is involved. Survival actions under §377.34 have their own timing rules tied to the underlying cause of action. Missing any deadline can end the claim regardless of liability strength.

Frequently Asked Questions — San Diego Wrongful Death Attorneys

Who can file a wrongful death claim in California?

The surviving spouse or registered domestic partner, the decedent’s children (including adopted children), issue of deceased children, other heirs entitled by intestate succession, and certain dependent putative spouses, stepchildren, or parents under California Code of Civil Procedure §377.60.

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim under §377.60 compensates the surviving family for their losses. A survival action under §377.34 is brought by the personal representative of the estate and recovers damages the decedent suffered between injury and death, including pre-death pain and suffering. Both can usually be pursued together.

How long do we have to file a wrongful death claim in California?

Two years from the date of death under California Code of Civil Procedure §335.1. If a government entity is involved, California Government Code §911.2 requires a written government claim within six months — a much shorter and easily missed deadline.

What damages can our family recover?

Loss of financial support and benefits, funeral and burial expenses, reasonable value of household services, and loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance. California does not allow recovery for the survivors’ own grief or pain and suffering — those are not compensable damages in a California wrongful death case, but the loss of love, companionship, and society categories often produce substantial verdicts.

Can we file if our loved one was partially at fault?

Yes. California’s pure comparative negligence rules under Civil Code §1714 apply to wrongful death cases. Recovery is reduced by the decedent’s percentage of fault but is not eliminated.

Do we need a separate criminal case before filing a civil wrongful death claim?

No. Civil wrongful death claims are separate from any criminal prosecution. A civil claim can be filed whether or not criminal charges are brought, and the burden of proof in a civil case is lower than in a criminal case.

How much does a San Diego wrongful death attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for your family. The initial consultation is free and confidential.

Talk to a San Diego Wrongful Death Attorney

Khashayar Law Group handles wrongful death cases throughout San Diego and California. If your family has lost a loved one because of someone else’s negligence or wrongful conduct, contact our San Diego wrongful death attorneys for a free, confidential consultation. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.