San Diego · Practice Area

San Diego Wrongful Death Lawyer

Khashayar Law Group represents families pursuing California wrongful death claims under Code of Civil Procedure §§377.60 and 377.34. The firm’s published wrongful-death result is a firm-reported $4,000,000 wrongful-death motorcycle settlement secured even when the rider had been initially deemed at fault. Past results do not guarantee future outcomes.

Khashayar Law Group represents families in California wrongful death claims under CCP §§377.60 and 377.34. Daryoosh Khashayar leads the firm’s wrongful death practice as an ABOTA member with over 20 years of trial experience.

California Wrongful Death Law — The Two Companion Statutes

California wrongful death claims involve two distinct but related statutes:

California Code of Civil Procedure §377.60 — the wrongful death statute. Identifies which family members may bring a claim (the surviving spouse or domestic partner, children, grandchildren if the parent is deceased, and certain dependent heirs) and what damages those survivors may recover (loss of financial support, services, love, companionship, society, guidance, and household services).
California Code of Civil Procedure §377.34 — the survival statute. Allows the decedent’s estate to recover damages the decedent could have sought had they survived (pre-death medical expenses, pre-death lost earnings, and following 2022 amendments, pre-death pain and suffering for certain qualifying actions).

Both claims are usually filed together. They are separate causes of action with different damages.

Deadlines — California Wrongful Death

CCP §335.1 — two years from the date of death for the wrongful death claim.
Government Code §911.2 — six months if a public entity may be responsible (the City of San Diego, Caltrans, MTS, a public hospital, or another government defendant).
CCP §340.5 — medical malpractice has separate rules (the earlier of three years from injury or one year from discovery).

Who Can File a Wrongful Death Claim in California

California CCP §377.60 sets a clear order of priority:

The surviving spouse, domestic partner, and children;
If none of the above, those entitled to inherit under California intestate succession (parents, siblings);
In certain cases, putative spouses, stepchildren, parents of the decedent, and others who were financially dependent on the decedent.

Only one wrongful death lawsuit can be filed per death. All eligible heirs are joined in a single action.

Damages Available in California Wrongful Death

Survivors may recover under §377.60:

Loss of financial support the decedent would have provided;
Loss of household services (childcare, cooking, repairs, transportation);
Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support;
Loss of training and guidance (especially for surviving minor children);
Funeral and burial expenses.

The decedent’s estate may also recover survival damages under §377.34, including pre-death pain and suffering in qualifying cases under 2022 amendments.

Common San Diego Wrongful Death Case Types

Fatal automobile accidents on I-5, I-15, I-805, I-8, and surface streets;
Commercial truck and semi-truck fatalities under FMCSA regulations;
Motorcycle, bicycle, and pedestrian fatalities;
Uber and Lyft fatal collisions involving Phase 3 (passenger) coverage;
Public-entity fatalities involving dangerous road conditions (subject to the §911.2 six-month claim);
Medical malpractice deaths under MICRA caps;
Premises liability deaths involving dangerous property conditions;
Defective product deaths under California strict liability.

Why Khashayar Law Group for a San Diego Wrongful Death Claim

Khashayar Law Group’s directly relevant wrongful death result is a firm-reported $4 million wrongful death motorcycle settlement. The firm has also handled related public-entity serious-injury matters including the Brownlee trip-and-fall / TBI case against the City of San Diego ($4.5M verdict, $4.8M judgment) — a public-entity serious-injury result, not a wrongful death case, but illustrating experience with the §911.2 government-claim process that wrongful death cases sometimes require.

Daryoosh Khashayar is an ABOTA member with over 20 years of trial experience — see his attorney bio. Additional information on California wrongful death law is on the wrongful death practice page and in the wrongful death lawyer evaluation article.

Frequently Asked Questions — San Diego Wrongful Death Lawyer

Who is allowed to file a wrongful death claim in California?

California CCP §377.60 sets priority: surviving spouse or domestic partner first, then children, then intestate heirs. Only one wrongful death lawsuit can be filed per death — all eligible heirs are joined together.

What is the deadline to file a wrongful death claim in California?

Two years from date of death under CCP §335.1. Six months under Government Code §911.2 if a government entity contributed. Medical malpractice has its own rules under CCP §340.5.

What compensation can a family recover in a California wrongful death case?

Economic damages (lost financial support, funeral expenses, lost household services) and non-economic damages (loss of love, companionship, comfort, guidance) under CCP §377.60. A separate survival action under §377.34 may also be available for damages the decedent could have recovered, including pre-death pain and suffering in qualifying cases.

Can I file a wrongful death claim if a government entity caused the death?

Yes, but California Government Code §911.2 requires a written government claim within six months of death. Missing that deadline generally bars the suit. The Brownlee case (against the City of San Diego) illustrates the firm’s experience navigating the public-entity claim process — though Brownlee itself was a serious-injury case, not a wrongful death case.

How much does a San Diego wrongful death attorney cost?

Khashayar Law Group works on contingency. No attorney fee unless we recover. Free initial consultation. Contingency fees are governed by California Business & Professions Code §6147.

Source note. California CCP §§377.60 and 377.34 are the controlling state statutes for wrongful death and survival actions. Government Code §911.2 sets the public-entity claim deadline. See the firm’s editorial policy. Past results do not guarantee future outcomes.