San Diego Wrongful Death Lawsuits & Legal Representation
Compassionate Support for Surviving Family Members
Losing a loved one is an unbearable tragedy that can leave survivors in grief and confusion. Not only must they grapple with the emotional strains of the loss, but they might also be dealing with financial burdens associated with the incident. If the person’s death resulted from another individual’s or entity’s negligence or intentional acts, surviving family members may have the right to pursue compensation from the at-fault party.
Wrongful death cases can be extremely difficult, as loved ones must navigate complex processes while trying to heal. Fortunately, a wrongful death lawyer can help during this challenging time, providing the advice and guidance needed to pursue justice. At Lowe Law, APC, we recognize how difficult and emotionally draining these cases can be. That is why Jeremiah Lowe prioritizes providing compassionate and personalized representation to each and every one of his clients.
At Lowe Law, APC we intentionally take on a very selective caseload, which allows us to fully understand the depth of our clients’ losses and tell their loved one’s stories through them. We have extensive experience handling complex cases and have secured millions of dollars in verdicts and settlements for past clients. We leverage our track record, insights, and skills to build comprehensive and robust legal strategies for our clients.
To schedule a consultation with Jeremiah Lowe, Esq regarding your wrongful death case, please contact Lowe Law, APC at (619) 815-8156 today.
When Can You File a Wrongful Death Claim?
A claim for wrongful death may be brought when the death of an individual is caused by someone else’s negligence, recklessness, or intentional acts.
Incidents that can lead to a wrongful death include, but are not limited to, the following:
- Car accidents
- Bicycle accidents
- Pedestrian accidents
- Construction accidents
- Premises liability
- Medical malpractice
- Birth injuries
- Drug and alcohol rehabilitation facility abuse
- Dangerous products
To prove a wrongful death case, the party pursuing the claim must provide evidence that their loved one has died due to negligence or deliberate misconduct of another. This involves proving that not only did the decedent’s life end prematurely, but the surviving family members also suffered damages. The process can be arduous, requiring extensive legal knowledge and skill to prove these elements. Lowe Law, APC can assist at every stage.
The Statute of Limitations for Wrongful Death Claims in CA
In California, wrongful death claims are governed by specific statutes of limitations that determine how long surviving family members have to file a lawsuit. Generally, under California Code of Civil Procedure § 335.1, a wrongful death action must be filed within two years from the date of death. This two-year period begins on the day the person dies, not the date of the underlying injury or negligent act. Failing to file within this time frame typically means losing the right to pursue compensation in court, no matter how strong the case may be.
However, there are several important exceptions to this general rule. One of the most common involves wrongful death claims resulting from medical malpractice. In these cases, California’s Medical Injury Compensation Reform Act (MICRA) imposes a different statute of limitations.
Specifically, a wrongful death action caused by medical negligence must be filed within one year of discovering the negligence—or when it reasonably should have been discovered—or within three years of the date of death, whichever occurs first. This “discovery rule” allows some flexibility when the negligence that caused the death is not immediately apparent, such as in cases involving misdiagnosis or delayed treatment.
Another major exception applies when the wrongful death claim is brought against a government entity or employee. Under the California Government Claims Act, a plaintiff must first file an administrative claim with the appropriate government agency within six months of the date of death. If the agency denies the claim or fails to respond within a certain period, the claimant then has an additional window—often six months from the denial—to file a civil lawsuit in court. Missing this early administrative filing deadline can permanently bar a wrongful death claim against the government, regardless of its merits.
Special rules also exist for minors who have the right to bring a wrongful death claim, such as surviving children of the deceased. If the claimant is a minor, the statute of limitations is generally “tolled,” or paused, until the minor turns 18. From that point, the individual typically has two years after reaching adulthood to file the lawsuit. This rule ensures that children who lose a parent or guardian due to another’s negligence are not deprived of their legal rights simply because of their age.
California law also recognizes unique situations where the wrongful death may stem from toxic exposure, such as asbestos-related illnesses. In these cases, the statute of limitations is often one year from the date of death or one year from when the survivors first knew, or reasonably should have known, that exposure contributed to the death. This exception acknowledges that some causes of death, especially those involving long-term exposure, may not be immediately clear.
Understanding these timelines is crucial, as the statute of limitations is strictly enforced in California. Courts rarely allow late filings, even for compelling reasons. Because the applicable deadline can vary depending on the cause of death, the type of defendant, and the claimant’s age, it is always wise to consult a knowledgeable wrongful death attorney as soon as possible.
Acting quickly ensures that critical evidence is preserved and that the claim is filed within the correct timeframe. In summary, while most wrongful death cases in California must be filed within two years of the date of death, exceptions for medical malpractice, government liability, minors, and delayed discovery can significantly alter that timeline.
Recovering Compensation in a Wrongful Death Case
Generally, the person or entity at fault for the death of another individual may be held accountable. Claims can be pursued against individuals, companies, or government agencies.
Surviving family members may be entitled to seek damages through legal action. Those that can bring a claim include spouses, children, parents, as well as others in certain circumstances.
Also, any person who might have been financially dependent on the decedent may be entitled to take action. While several individuals might have been affected by the loss, only one claim can be filed, and if compensation is awarded, it may be distributed amongst survivors.
The damages surviving family members may be entitled to recover include, but are not limited to:
- Burial and Funeral expenses
- Loss of the decedent’s love and companionship
- Medical care administered before death
- Loss of the decedent’s contributions
- Loss of consortium
At Lowe Law, we handle every case with integrity and care, exploring available options to pursue justice. We pride ourselves on being available for our clients through responsiveness, diligent communication, reliability, and personal attention.
To schedule a consultation with Jeremiah Lowe, Esq regarding your wrongful death case, please contact Lowe Law, APC at (619) 815-8156 today.
