San Diego Wrongful Death Lawyer

Wrongful Death Lawyer San Diego, CA

If your family has lost someone because of another party’s negligence or intentional conduct in San Diego, CA, a wrongful death claim can hold the responsible party legally accountable, and it can provide the financial recovery your family needs to move forward without the added burden of economic hardship caused by the loss.

The Law Office of Elliott Kanter APC has represented families in wrongful death cases throughout San Diego County for over four decades. Our founding attorney, Elliott Kanter, treats these cases with the weight they carry. If you are considering a wrongful death claim, our San Diego, CA wrongful death lawyer offers free consultations with no obligation.

Why Choose The Law Office of Elliott Kanter APC for Wrongful Death in San Diego, CA?

Representing Families for Over Four Decades

Elliott Kanter founded this firm, and has been practicing law for more than 45 years. He earned his J.D. from Thomas Jefferson School of Law and his undergraduate degree from the University of Pittsburgh. He is admitted to the California State Bar, the United States Supreme Court, and multiple federal courts across the country.

His Martindale-Hubbell peer review rating is the highest possible in both legal ability and ethical standards. That recognition comes from evaluations by other attorneys and judges who have observed his work over the course of a career that spans more than four decades.

Results Across Wrongful Death and Injury Cases

Elliott has secured millions of dollars in verdicts and settlements for clients as a personal injury lawyer in San Diego, CA, including wrongful death matters.

Wrongful death cases are among the most complex in civil litigation. Liability has to be proven. The full financial impact of the death has to be documented and projected over decades. The personal loss to the surviving family has to be presented in a way that a jury or mediator can understand and value. We prepare each case with all of that in mind.

Free Initial Consultation

We offer free consultations for wrongful death cases. There is no cost to sit down, explain what happened, and find out whether your family has a viable claim.

An Approach Built on Honesty and Respect

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“Elliott Kanter is an honest caring lawyer who truly has your best interest at the top of his agenda. If there was a man you wanted in you corner it is Elliott Kanter.” — Richard Thomas

Read more client reviews on our Google Business Profile.

Types of Wrongful Death Cases We Handle in San Diego

A wrongful death claim arises when someone dies because of another party’s negligence, recklessness, or intentional act. We represent families in the following types of cases:

• Motor vehicle accidents. Fatal car accidents, motorcycle crashes, and pedestrian collisions are among the leading causes of wrongful death claims in San Diego County. A driver runs a red light on Genesee Avenue. A speeding car crosses into oncoming traffic on the I-8. A pedestrian is struck in a crosswalk downtown. Each of these scenarios produces a different set of facts and a different set of liable parties.
• Truck accidents. When a commercial truck or 18-wheeler is involved in a fatal collision, the case usually extends well beyond the driver. The trucking company, the maintenance contractor, the cargo-loading firm. Federal regulations governing driver hours and vehicle inspections create additional avenues for establishing negligence.
• Medical malpractice. A surgical error. A missed diagnosis. A medication dosage mistake. When a healthcare provider’s negligence leads to a patient’s death, the surviving family may have a wrongful death claim. These cases require detailed medical record review and, in almost every instance, testimony from qualified medical professionals.
• Workplace accidents. Fatal injuries on construction sites, at industrial facilities, and in other high-risk environments may support wrongful death claims against parties other than the employer. Equipment manufacturers, property owners, general contractors, and subcontractors can all bear responsibility depending on the facts.
• Defective products. A design flaw in a vehicle component. A manufacturing defect in a piece of industrial equipment. Inadequate warnings on a consumer product. California’s strict liability rules hold manufacturers, distributors, and retailers accountable when defective products cause fatal injuries.

California Legal Requirements for Wrongful Death

California has specific statutes that govern wrongful death claims. Several of them involve strict deadlines. Missing any one of them can cost the family its right to bring the case at all.

Who can file. CCP § 377.60 spells out who has standing to bring a wrongful death lawsuit. The surviving spouse or domestic partner. Children. Grandchildren. If none of those individuals exist, the right passes to anyone who would inherit the decedent’s property under California’s intestate succession laws, which can include parents, siblings, or dependents. Figuring out who can file is one of the first questions a wrongful death attorney in San Diego needs to answer, because getting it wrong can create procedural problems that delay or derail the case.

Statute of limitations. Two years from the date of death. Not the date of the accident. Not the date of the medical error. The date the person actually died. That is the rule under CCP § 335.1. In cases where the death occurs weeks or months after the underlying injury, this distinction can either help or hurt the family depending on when they retain an attorney. Do not wait to find out which one it is.

Comparative negligence. California follows a pure comparative negligence rule under Civil Code § 1714. If the deceased person was partially at fault for their own death, the family’s recovery is reduced by the percentage of fault assigned to the deceased. A jury determines the deceased was 20% at fault in a fatal collision. The family’s total damages are reduced by 20%. Insurance companies raise this argument routinely in wrongful death cases, and having an attorney who knows how to counter it is critical.

Government entity claims. If a city bus was involved, or a dangerous road condition maintained by the county contributed to the death, or a government employee was at fault, the family has six months to file an administrative claim under Government Code § 911.2. Six months. Not two years. This catches families off guard constantly, and missing the deadline almost always means losing the right to sue.

What Damages Are Recoverable in San Diego Wrongful Death Cases?

Wrongful death damages in California focus on the impact to the surviving family, not the deceased. The categories are different from a standard personal injury case, and understanding them matters because the insurance company’s first offer will almost certainly undervalue each one.

Economic damages. What would the deceased have earned over the rest of their working life? What benefits would they have provided? What household services did they perform? What were the funeral and burial costs? These are the questions that define economic damages in a wrongful death case. A 35-year-old electrician earning $85,000 a year with 30 years of working life ahead of him represents a very different economic loss than a retired 72-year-old. Calculating these projections accurately often requires input from economists and vocational analysts, and the numbers drive a large portion of the claim’s total value.

Non-economic damages. The loss of a parent. A spouse. A child. Companionship, love, comfort, moral support, guidance, nurturing. California law recognizes all of these as compensable losses. For families with young children who have lost a parent, the value of that parent’s guidance and presence over the next 15 or 20 years of the child’s life is substantial, even though it cannot be reduced to a receipt. A San Diego wrongful death lawyer who has tried these cases understands how to present this evidence so that a jury or mediator gives it the weight it deserves.

Punitive damages. Wrongful death claims in California generally do not allow punitive damages. The exception is narrow. Under Civil Code § 3294(d), punitive damages are available only when the defendant has been convicted of felony homicide for the conduct that caused the death. That is a significantly higher bar than what applies in personal injury cases where the victim survives.

Contact The Law Office of Elliott Kanter APC

If your family has lost someone due to another party’s negligence in San Diego, call us. The consultation is free.

Elliott Kanter has spent more than four decades representing families in wrongful death cases. He will listen, answer your questions honestly, and tell you whether your family has a claim worth pursuing.

Contact us today to schedule your free consultation with a wrongful death attorney in San Diego, CA.