Wrongful Death in La Jolla

First, who may bring the claim. California lists the people who may sue for a wrongful death, starting with a spouse or registered domestic partner, children and, in some cases, others who were dependent on the person who died. Identifying every eligible family member matters, because the claim is generally brought once, together.

Second, what the claim covers. A wrongful death claim compensates the family's own losses, such as financial support and the loss of the person's love, companionship and guidance. A separate survival action, brought for the estate, covers losses the person suffered before death. The two are often filed together, and each has its own rules.

For a death in La Jolla or elsewhere in central San Diego County, an unlimited civil case is filed with the Superior Court of California, County of San Diego, at the Hall of Justice at 330 West Broadway downtown; North County cases are handled in Vista. If a City of San Diego road, sidewalk or facility may have contributed, the family's claim must first go to the City's Risk Management Department, and a claim involving a state highway such as Interstate 5 or State Route 52 goes to Caltrans or the State's Government Claims Program instead.

For families in the San Jacinto Valley and the Coachella Valley, cases are filed in the Superior Court of California, County of Riverside, whose civil filing locations have changed in recent years; we confirm the correct courthouse for the filing date rather than rely on an old address. Claims against the County of Riverside go to the Clerk of the Board of Supervisors, and claims against the City of Hemet or the City of Palm Springs go to that city's clerk, each on its own form. Fatal collisions on Florida Avenue, the Ramona Expressway, Interstate 10 and Highway 111 are the matters we see most often inland.

Code of Civil Procedure section 377.60 lists who may bring a wrongful death action: the decedent's surviving spouse, domestic partner, children and issue of deceased children, and, if there are none, those who would take by intestate succession; certain dependents may also sue. A survival action, under sections 377.30 and 377.34, belongs to the estate and is brought by the personal representative or successor in interest. The categories of damages recoverable in a survival action are limited by section 377.34, and its rules for pain and suffering depend on when the case was filed, so families should confirm the current rule with an attorney.

A wrongful death action generally must be filed within two years of the death (Code of Civil Procedure section 335.1). If a public entity may be responsible, a written claim must usually be presented within six months (Government Code sections 911.2 and 945.4). General information only. Exceptions apply and deadlines can be shorter than you expect: confirm yours with an attorney.