San Diego Wrongful Death Lawyers
The loss of a family member because of preventable negligence or wrongful conduct can leave loved ones facing profound personal loss, unanswered questions, and financial uncertainty. The Mason Firm represents families in serious wrongful death cases throughout San Diego and California. Wrongful death cases may arise from vehicle collisions, medical malpractice, civil rights violations, unsafe property, public transit incidents, nursing home neglect, defective products, negligent security, and other preventable events. These cases require more than proving that a death occurred. The evidence must establish who was responsible, how the wrongful conduct caused the death, which family members may bring the claim, and the full extent of the family’s losses. The Mason Firm investigates these cases carefully, works with qualified experts when needed, and prepares serious wrongful death claims for litigation and trial.
If your family lost a loved one because of negligence or wrongful conduct, contact The Mason Firm for a free and confidential case review.
Spotlight: Recent Wrongful Death Result
$8,500,000.00 Wrongful Death Jury Verdict
Attorney Brian Mason obtained an $8.5 million jury verdict for the family of a passenger who died following a violent incident on a San Diego MTS bus. The case involved passenger safety, common carrier duties, and the failure to respond reasonably as a preventable danger developed aboard public transportation. Past results do not guarantee future outcomes. Every case is different and depends on its own facts, evidence, law, damages, insurance coverage, and available defendants.
Wrongful Death Cases We Handle
The Mason Firm handles wrongful death cases involving individuals, businesses, health care providers, transportation companies, property owners, public entities, correctional facilities, and other responsible parties.
We handle cases involving:
- fatal car accidents;
- commercial truck and delivery vehicle collisions;
- motorcycle, bicycle, and pedestrian deaths;
- bus and public transit incidents;
- drunk or impaired driving;
- rideshare accidents involving Uber or Lyft;
- medical malpractice;
- failure to diagnose a serious illness;
- surgical and post-operative negligence;
- birth and newborn injuries;
- inadequate medical care in jail;
- civil rights violations;
- nursing home abuse and elder neglect;
- unsafe property conditions;
- negligent security and preventable assaults;
- dangerous roads or public property;
- defective products;
- workplace and construction incidents;
- and other preventable deaths.
A wrongful death case may involve more than one responsible party. Depending on the circumstances, potential defendants may include a negligent driver, vehicle owner, employer, trucking company, hospital, physician, nursing facility, public agency, transit authority, property owner, security contractor, manufacturer, or insurance company.
Important evidence can disappear quickly after a fatal event. Surveillance footage may be erased, vehicles may be repaired or destroyed, witnesses may become difficult to locate, and institutional records may not be preserved unless prompt action is taken.
Who May Bring a California Wrongful Death Claim?
California law limits wrongful death claims to specified individuals. The people who may qualify can include:
- a surviving spouse;
- a registered domestic partner;
- children of the deceased person;
- descendants of a deceased child;
- certain people who would inherit under California intestate succession law;
- certain financially dependent stepchildren or parents;
- and certain putative spouses and their children.
Not every close relative or unmarried partner automatically has the right to sue. Eligibility depends on the family structure, legal relationships, inheritance rules, and, in some cases, financial dependence.
California generally treats wrongful death as one joint action involving all eligible heirs. For that reason, it is important to identify the complete family structure before filing a lawsuit. Leaving out a known heir can create procedural disputes and complications later in the case.
What Must Be Proven in a Wrongful Death Case?
The specific legal elements depend on the underlying theory of liability. In a negligence-based wrongful death case, the family generally must prove:
- The defendant owed a legal duty;
- The defendant acted negligently or wrongfully;
- The wrongful conduct was a substantial factor in causing the death;
- The claimants are legally entitled to bring the action; and
- The claimants suffered legally recoverable damages.
The causation issue can be heavily disputed. A defendant may admit that something went wrong while arguing that the conduct did not cause the death. In medical malpractice cases, for example, expert testimony is usually required to address both the applicable standard of care and whether the violation caused the patient’s death.
Other cases may require experts in accident reconstruction, trucking safety, roadway design, correctional medicine, nursing standards, economics, toxicology, product design, or other specialized fields.
Damages Available in a Wrongful Death Case
California wrongful death damages focus on the losses suffered by the eligible surviving family members. The value of a case depends on the family relationships, the deceased person’s age and health, expected life span, financial contributions, household role, and the nature of the companionship and guidance that have been lost.
Economic Damages
Economic damages may include:
- financial support the deceased person would have contributed;
- gifts or benefits the family reasonably expected to receive;
- funeral and burial expenses paid by the family;
- and the reasonable value of household services the deceased person would have provided.
Economic damages may require analysis of earnings, employment history, benefits, taxes, household responsibilities, life expectancy, work-life expectancy, and future financial contributions.
Noneconomic Damages
Noneconomic damages may include the loss of the deceased person’s:
- love;
- companionship;
- comfort;
- care;
- assistance;
- protection;
- affection;
- society;
- moral support;
- training;
- and guidance.
For a surviving spouse or partner, damages may also include the loss of marital relations.
California wrongful death law generally does not permit a separate award for the survivors’ grief, sorrow, or emotional distress. The focus is instead on the value of the relationship and the benefits the family reasonably expected to receive had their loved one lived.
Why Hire The Mason Firm?
Wrongful death cases are among the most serious matters a law firm can handle. Defendants and insurance companies may deny responsibility, blame another person, dispute causation, minimize the family relationship, or argue that the death was unavoidable.
The Mason Firm handles serious wrongful death cases involving public entities, transportation systems, medical providers, civil rights violations, commercial defendants, negligent drivers, and other responsible parties.
The Mason Firm can help by:
- investigating how and why the death occurred;
- a private autopsy;
- preserving video, records, communications, and physical evidence;
- identifying all responsible parties;
- interviewing witnesses;
- obtaining medical, police, employment, and institutional records;
- analyzing applicable insurance coverage;
- identifying all eligible heirs;
- working with qualified liability, medical, and damages experts;
- documenting the family relationships and losses;
- calculating financial and household-service losses;
- handling communications with insurers and defense counsel;
- filing government claims when required;
- pursuing litigation when necessary;
- and preparing the case for trial.
The Mason Firm is led by San Diego trial attorney Brian R. Mason. The firm has experience handling major wrongful death, civil rights, medical malpractice, transportation, and public entity cases, including an $8.5 million jury verdict arising from the preventable death of a passenger on a San Diego MTS bus. [Past results do not guarantee future outcomes. Every case is different and depends on its own facts, evidence, law, damages, insurance coverage, and available defendants.]
If your family lost a loved one because of negligence or wrongful conduct, contact The Mason Firm for a free and confidential case review.
Frequently Asked Questions About Wrongful Death Cases
Below are answers to common questions about Wrongful Death cases in San Diego. Disclaimer: This information is general and is not legal advice.
Who can file a wrongful death lawsuit in California?
Eligible claimants may include a surviving spouse, registered domestic partner, children, descendants of a deceased child, certain intestate heirs, and certain financially dependent relatives. Eligibility depends on the complete family structure and legal relationships.
Can parents bring a wrongful death claim for an adult child?
Sometimes. Parents may qualify if they would inherit under California intestate succession law or, in certain circumstances, if they were financially dependent on the deceased adult child.
Can an unmarried partner file a wrongful death lawsuit?
An unmarried romantic partner does not automatically have standing. A registered domestic partner or qualifying putative spouse may have a claim, but a long-term relationship by itself may not be enough.
What damages can a family recover?
Damages may include medical bills, future care, lost income, reduced earning capacity, pain and suffering, property damage, and other losses.
Can a family recover damages for grief and emotional distress?
California wrongful death law generally does not permit a separate award for grief, sorrow, or the survivors’ emotional distress. The noneconomic recovery focuses on the loss of the relationship and the benefits the deceased person would have provided.
What is the difference between wrongful death and a survival action?
Wrongful death compensates eligible family members for their own losses. A survival action belongs to the estate or successor in interest and continues claims the deceased person could have brought had the person survived.
How long do we have to file a wrongful death lawsuit?
California generally provides two years for wrongful death claims based on ordinary negligence, but substantially shorter deadlines may apply to government claims, and medical malpractice cases have special rules. Families should obtain legal advice promptly.
What if several family members are entitled to bring the claim?
California generally treats wrongful death as one joint action involving all eligible heirs. The family structure should be investigated and all qualifying heirs addressed before filing.
How is a wrongful death case valued?
Value depends on liability, causation, the deceased person’s life expectancy and financial contributions, the family relationships, household services, insurance coverage, and the quality of the supporting evidence.
How much does it cost to hire The Mason Firm?
The Mason Firm handles wrongful death and personal injury cases on a contingency-fee basis. Clients do not pay attorney’s fees unless there is a recovery.
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