San Diego Wrongful Death Lawyer

Losing someone you love in an unexpected, preventable tragedy is something no family should have to endure. If you're here, you're likely struggling with more than grief. You may be facing medical bills, funeral expenses, and the sudden loss of income and support. It’s a confusing time, and while no legal action can undo the pain, you deserve answers, accountability, and financial relief that allows you to focus on healing.

At Walton Law, APC, our San Diego wrongful death lawyers help grieving families take legal action with compassion, clarity, and unwavering support. We understand how deeply personal this process is. That’s why we approach every case with the care it deserves, backed by the strength to demand justice.

Whether your loved one passed due to a car accident, a preventable fall, or negligence in a nursing home, our legal team is here to guide you. We’ll handle the legal burdens so you can focus on what matters most—taking care of yourself and your family. If you're considering legal action, speak to a San Diego wrongful death attorney at Walton Law today for a free consultation.

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Why Choose Walton Law, APC for Your Wrongful Death Case?

The aftermath of losing a loved one is filled with questions and painful decisions. One of the most important steps you can take is hiring the right legal team. Walton Law, APC is committed to treating your case—and your family—with the dignity and care you deserve. Here's what sets us apart:

Personalized, client-centered representation

We intentionally limit our caseload so that each client receives individualized attention. You’re not just a case file—you’re someone who’s been through an unimaginable loss. Our attorneys listen first, and then build legal strategies tailored to your needs and goals.

We work on a contingency fee basis

You won’t owe us anything unless we win your case. That’s our promise. Legal bills shouldn’t stand between you and justice. Our firm covers the upfront costs, including investigations, expert witness fees, and court filings. You only pay if we recover money on your behalf.

Track record of satisfied clients

Families we’ve helped often tell us that we made one of the most difficult times in their lives a little more manageable. We’re proud of our client reviews and even prouder of the relationships we’ve built through consistent care, professionalism, and results.

Trusted legal guidance throughout San Diego County

From Chula Vista to Escondido, our San Diego wrongful death attorneys serve families across the region. We’re local, accessible, and understand the nuances of Southern California courts and insurance tactics.

What Constitutes Wrongful Death in California?

Not every accidental death qualifies as wrongful under California law. A wrongful death occurs when someone loses their life due to the negligent, reckless, or intentional acts of another person or entity. Wrongful death claims are meant to provide surviving family members with compensation for the loss of emotional and financial support.

Common Causes of Wrongful Death in San Diego

Losing someone you love is heartbreaking in any circumstance, but when someone else’s carelessness causes that loss, the pain is compounded by a sense of injustice. While no list can capture every possible scenario, it can show you some of the situations that form the basis of many wrongful death claims in Southern California.

Car accidents

Fatal crashes caused by speeding, distraction, impaired driving, or failure to obey traffic signals are among the most common triggers for wrongful death claims. When a driver fails to exercise reasonable care behind the wheel, surviving family members may have grounds to pursue legal action.

Truck accidents

Collisions involving large commercial trucks often result in devastating injuries or fatalities. These cases may involve multiple responsible parties, such as the driver, the trucking company, or a maintenance contractor. Holding them accountable requires a thorough investigation and knowledge of federal safety regulations.

Boating accidents

Recreational boating can quickly turn tragic when operators are reckless, inattentive, or under the influence. Whether it occurs on San Diego Bay or a nearby lake, wrongful death claims involving boats demand careful review of operator conduct, vessel conditions, and adherence to maritime safety laws.

Bike accidents

Cyclists are highly vulnerable on roadways, even with protective gear. When drivers fail to yield, follow too closely, or open car doors into bike lanes, the consequences can be fatal. A wrongful death claim can help surviving family members seek justice for preventable tragedies involving bicyclists.

Motorcycle accidents

Motorcyclists often suffer the most severe consequences in traffic accidents. When a rider is killed due to another motorist’s negligence, such as unsafe lane changes or failure to see the rider, families may be entitled to compensation for both economic and non-economic losses.

Pedestrian accidents

Pedestrians struck by vehicles often have no chance to react or protect themselves. Crosswalk collisions, drivers ignoring traffic signals, and speeding in residential areas are frequent causes of fatal injuries. Legal claims help ensure that drivers are held responsible for their actions.

Slip & falls

While often seen as minor incidents, falls can be fatal, especially for older adults. Property owners have a legal duty to maintain safe conditions. When hazards like wet floors, broken stair rails, or poor lighting contribute to a fatal fall, survivors may have a valid wrongful death claim.

Fatal traumatic brain injuries

Head trauma sustained in accidents—whether from falls, vehicle crashes, or workplace incidents—can lead to death either immediately or over time. When the injury results from negligence, the law may allow the family to pursue damages for the irreversible loss.

Nursing home abuse and neglect

Elderly residents depend on long-term care facilities for safety and medical support. When staff members fail to meet basic standards, leading to issues like untreated bedsores, infections, or falls, the consequences can be fatal. Families deserve answers and accountability when carelessness costs a life.

Other Potential Causes of Wrongful Death

Wrongful death claims can arise from a variety of additional circumstances. If your loved one’s death involved suspicious or preventable circumstances, contact Walton Law, APC to explore your legal options. 

Who Can File a Wrongful Death Claim in San Diego?

California law is specific about who has the legal right to bring a wrongful death claim. According to the California Code of Civil Procedure § 377.60, the following individuals may be eligible:

• The surviving spouse or domestic partner
• The decedent’s children

If no surviving spouse or children exist, the decedent’s:

• Stepchildren
• Putative spouse and children
• Parents
• Other financially dependent relatives

Only one wrongful death lawsuit can be filed per incident, so eligible parties typically file together as a group. During your consultation, our San Diego wrongful death attorneys will determine if you're eligible and help you understand what filing a claim might look like for your family.

How Do We Prove Wrongful Death in California?

To win a wrongful death case in California, your legal team must demonstrate several key elements. This is where having a skilled attorney becomes especially important. Here's what needs to be proven:

• That a death occurred
• That it resulted from someone else’s negligence or intentional harm
• That the defendant owed a duty of care to the person who died
• That this duty was breached, directly causing the fatal incident
• That surviving family members suffered measurable losses, both financial and emotional

Our attorneys work with investigators, accident reconstruction experts, and medical professionals to build a strong foundation for every claim. We do the heavy lifting so your family doesn’t have to.

What Compensation Can Be Recovered in a San Diego Wrongful Death Claim?

When a wrongful death shatters a family’s world, the financial fallout can be just as overwhelming as the emotional pain. While no amount of money could ever replace your loved one, the right compensation can ease the burden, give you room to grieve, and help you rebuild your life. California law allows surviving family members to seek both economic and non-economic damages.

Economic damages

• Medical expenses related to the final injury or illness
• Funeral, cremation, or burial costs
• Loss of the decedent’s expected income and benefits
• Loss of household services that the decedent would have provided

Non-economic damages

• Loss of the decedent’s care, guidance, and affection
• Loss of consortium for spouses or partners
• Mental anguish and emotional suffering

Unlike some states, California does not place a cap on non-economic damages in most wrongful death cases, except in medical malpractice claims. This makes it even more important to work with a San Diego wrongful death attorney who can present a compelling case for full compensation.

How Long Do I Have to File a Wrongful Death Lawsuit in California?

California’s statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death. Missing this deadline could mean permanently losing your right to file a lawsuit, no matter how strong your case may be.

There are some exceptions. For instance, if the wrongful death involved a government entity, like a city-run hospital or a municipal vehicle, you may only have a much briefer opportunity to file a special claim. Don’t wait. Talk to our attorneys at Walton Law, APC. We’ll make sure all deadlines are met and your rights are fully protected.

What If I Am Partly to Blame for the Incident?

California law recognizes that responsibility isn't always black and white. That’s why the state follows what’s known as the comparative fault rule.

Under this rule, surviving family members can still pursue compensation in a wrongful death case even if the deceased was partially responsible for the incident. However, if your loved one is found to have shared some responsibility, the compensation you receive may be lowered by the percentage of fault your family member shared for the accident. Even so, families are often still entitled to meaningful financial recovery.

However, the amount of compensation awarded may be adjusted based on the percentage of fault assigned to the decedent. For example, if an investigation finds that another party was primarily at fault but the deceased’s actions played a minor role, the financial recovery will be reduced accordingly.

This legal principle allows for a more balanced outcome—one that reflects the nuances of real-life situations. It also means you shouldn’t assume that being partly at fault makes your case invalid. 

Every situation is unique, and liability is often shared across multiple parties. At Walton Law, APC, we take the time to review the facts thoroughly and fight to ensure that families receive the fairest possible outcome, even in complex or disputed circumstances.

Wrongful Death vs. Survival Action: What’s the Difference?

Many families don’t realize that two separate legal actions may arise from the same fatal incident: a wrongful death claim and a survival action.

• A wrongful death claim is filed by family members for the emotional and financial losses they’ve experienced.
• A survival action is filed on behalf of the deceased’s estate for damages the person would have been entitled to if they had survived, such as medical expenses, lost wages, and pain and suffering prior to death.

Walton Law, APC can handle both types of claims, ensuring every avenue of compensation is pursued on your family’s behalf. We'll walk you through the distinctions and help determine the right path for your situation.

How Walton Law, APC Builds a Strong Case

We approach each case with a deep sense of responsibility. Families trust us during the hardest days of their lives, and we don’t take that lightly. Here’s what you can expect when we take your case:

• Thorough investigation of the incident and all liable parties
• Evidence gathering, including surveillance footage, accident reports, and witness statements
• Medical and forensic expert analysis to determine the cause of death and the value of damages
• Detailed financial review to project long-term economic losses
• Negotiation with insurers or litigation, depending on what serves your family best

This methodical approach has helped us secure significant settlements and verdicts for families across Southern California. We don’t leave results to chance—we build every case as if it’s going to trial.

Contact a San Diego Wrongful Death Lawyer with Walton Law, APC Today

You’ve already experienced the unimaginable. The legal process shouldn’t add to that burden. When you hire Walton Law, APC, you’re not hiring just another law firm—you’re choosing a team that treats you like family and fights like your loss is personal. Because to us, it is.

Let us take the pressure off your shoulders. We’ll answer your questions, handle the paperwork, and give your case the care it deserves from day one. If someone’s negligence took your loved one too soon, you deserve answers—and we’re here to help you get them. Call Walton Law, APC at (858) 384-3320 or contact us online to schedule a free, private consultation with a San Diego wrongful death lawyer.

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Schedule a Free Consultation

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Walton Law, A.P.C. - San Diego Office

Address: 12555 High Bluff Dr Suite 333
San Diego, CA 92130

Phone: (858) 384-3320