We Take Difficult Cases … HEAD ON

The insurance company has a legal team to save them money after YOU have an accident. They would rather pay their lawyers than pay you fairly for your injury claim.

And quite frankly, that pisses us off.
million dollar advocates forum multi-million dollar advocates forum best lawyers Top 40 under 40 avvo expertise 10 Best Award PI 2016 Best Law Firms - Standard Badge best of the bar LawFirmoftheMonth Super Lawyer Badge top 100 logo

San Diego Wrongful Death Attorney

If your loved one tragically died because of someone else’s actions, it not only leaves a huge void in your family but also leaves you looking for justice and accountability. You want to ensure that your family member’s death does not go unanswered, despite the responsible person’s efforts to escape liability. Defendants and their insurance companies always try to protect their own bank accounts, so you need someone to protect you and your family.

You do not need to let someone else get away with their wrongful actions. Filing a wrongful death lawsuit can both secure the compensation that your family needs to replace the income that your loved one provided and help your family progress towards the time when you can get some closure from what happened. Therefore, the wrongful death legal process is a must for your family, regardless of whether you are ready to participate. Thankfully, you do not have to do the heavy lifting on your own. Our San Diego wrongful death attorney can help.

How Wrongful Deaths Can Happen

Wrongful deaths can happen in any type of personal injury case, including:

How Your Wrongful Death Settlement is Determined

We can only imagine how difficult it must be for you to think about your loved one’s passing in financial terms. However, in a wrongful death case, it’s important to recognize the immense value your loved one brought to your family.

While no amount of money can ever replace them, compensation can be provided to help ease the financial burden caused by their loss. This compensation may cover expenses such as:

  • The loss of the guidance, love, and support that your loved one provided
  • Your own grief and trauma that you suffer from tragically losing a loved one because of someone else’s actions
  • The future lost earnings that your family member would have earned because they would have provided this income for the family

In addition, the estate would also be able to recover damages for what the deceased person had to endure and the injuries that they suffered between the time of their injury and death

It follows that wrongful death cases are worth a large amount of money. The actual settlement depends both on the specific role that your loved one played and the amount of available insurance coverage to pay for damages that policyholders cause.

The Role of Negligence in a Wrongful Death Case

A wrongful death case is a personal injury case where the injury is the death of another person. Accordingly, it uses the same legal standard as every other personal injury case. You do not get a relaxed legal standard because your loved one has died. You must still prove that someone else was negligent to win your case.

Negligence involves several things:

  • Proving that someone else’s actions breached their duty to exercise reasonable care.
  • Comparing it to what a reasonable person would have done under the circumstances and showing how it fell short.

Your case is made stronger when you come to the table with evidence. In every wrongful death case, you have the burden of proof to show that someone else was negligent. If you cannot come to the table with evidence, you may end up empty-handed with no compensation for the death of your loved one.

A personal injury attorney can strengthen your case because part of their experience is investigating what happened and assembling the proof that could put your family in a position to get the money they need and deserve.

Wrongful death evidence can fall into several categories:

  • Administrative evidence, such as the death certificate and autopsy report that shows the cause of death
  • Financial evidence that proves the contribution that your loved one made to the family
  • Physical evidence that could prove someone else’s liability, including witness testimony, photographs, and expert witness testimony that could shed light on someone else’s actions and prove that they fell short of the standard of care
  • Family testimony that shows what each person lost when their loved one died

California Wrongful Death Laws

All wrongful death cases in California are governed by state law that dictates who can sue for the death of a loved one.

The following people can file a wrongful death claim:

  • The surviving spouse
  • The surviving child or children
  • Dependent minors, even if they are not legal children
  • Parents of the deceased, if they were financially dependent on the deceased
  • If nobody is on the above list, other heirs can file the claim per California intestate succession laws.

Families are free to decide amongst themselves how to divide the wrongful death proceeds. If they cannot agree, the court may have to get involved.

The other law that would affect your case is the statute of limitations. In California, you have two years from the time of death or when you learned that the death was caused by someone else’s wrongful acts to file a lawsuit. The legal process takes time, and you want to begin working on it today.

Why You Need a Wrongful Death Lawyer

The legal process is indispensable when your family expects financial compensation after the death of a loved one. If you do not go through it, you cannot get a settlement check or a jury award. However, you may not want to deal with the details when you are going through the aftermath of a tragic death.

An experienced wrongful death lawyer will deal with the insurance company and the defendant on your behalf, so you can focus on what is important. We will also fight for your family when someone else tries to escape responsibility for what they did.

Call a San Diego Wrongful Death Lawyer Today

The lawyers at DP Injury Attorneys in San Diego are the dedicated and passionate advocates that you need on your side when you have a legal fight on your hands. We will fight for the justice and compensation that your family must have when another person was responsible for the death of your loved one. To learn more about how we can help your family, contact us to schedule your free initial consultation.

What our clients say
Conrad Keitabangs

This law firm is the best in San Diego, South California. Unbelievable, I got more than what I was expecting in my accident case. Lawyer D’Egidio is an amazing Lawyer with a kind heart, respect, patience, and outstanding performance. I will recommend this Law firm to anyone and most importantly, they will do the work for you at any time and more so any help you need will be done accordingly.

Claudia Ignacio

Unfortunately, accidents happen and when it happens you can count on Irving and Arthur to help you. My car accident was not huge, but Irving treated me with respect and both Irving and Arthur worked hard to get me the best settlement under the circumstances. I trust them to provide you with an honest advice because they actually care about their clients.

Jose Garcia

Working with Arthur has been great from the beginning, he has been straight forward and represented me well. Got me very well compensated from my motorcycle accident. Will be referring them for sure.

Lisbette Baltazar

They are some of the best attorneys in SoCal when it comes to litigating personal injury cases. I am especially impressed by attorney Irving Pedroza. He is tenacious, knowledgable, and a true advocate for his clients. Without a doubt, I would recommend them to my family and friends.

Stephen O'Brien

Mr. Pedroza and his team did an excellent job walking me through the entire process, and litigating the case. My questions were always answered in a timely manner, and we reached a settlement that was in the expected range. Thank you.

Hudson Lasley

They helped me to navigate the complicated and confusing legal world after I had a car accident and settled my case much faster than I was expecting. I can’t say enough good things about them. I highly recommend this firm.


Vehicle Accident



Premises Liability


What can I expect during my personal injury lawsuit
Hire An Attorney

Start today with a free case review

File Suit

Put the bullies on notice that you are taking your life back.


We will collect and submit evidence to be used in court


Attempt a mutual agreement without rolling over


No agreement? Let’s take it to trial

This is Your Life… So it is NOT OK

… that you are hurting…
… to shoulder that burden alone…
… to be taken advantage of…

They are banking (literally) on you doing this alone.
Frequently Asked Questions

Can I sue a company in a wrongful death lawsuit?

If an employee was on the job at the time of the injury, or if the company was responsible for your loved one’s death, they can be held legally responsible. Companies have more assets and insurance coverage to pay serious damages, so you would want to check to see if there is a possible corporate defendant.

How long will a wrongful death lawsuit take?

The legal process takes time. When there is more money at issue, a settlement can take even longer because insurance companies do not like to write large checks. It could take up to years for your case to conclude. Therefore, you will want to call a lawyer as soon as possible to get started.

Can I handle my own wrongful death case?

There is nothing that requires you to get a lawyer, but trying to deal with matters on your own is not advisable. First, the insurance company may run roughshod over you. Second, you are too close to the matter to make objective decisions.