Filing a Wrongful Death Lawsuit After a Fatal Car Crash in San Diego

By Eugene Bruno on June 16, 2025

Losing a loved one in a car crash is an unimaginable tragedy. But when the loss was caused by someone else’s negligence—such as a drunk driver or someone speeding recklessly—the pain is magnified by the sense that it could have been prevented.

If you’re facing the aftermath of a fatal car accident and are considering a wrongful death lawsuit in San Diego, understanding your legal rights is an important first step toward justice and accountability.

At Eugene Bruno & Associates, we have over 85 years of combined experience helping families in San Diego recover after devastating losses. Our 99.7% success rate reflects our commitment to holding negligent parties accountable and helping our clients seek closure.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action filed by the surviving family members of someone who died as a result of another party’s negligent or intentional actions. It seeks financial compensation for the losses the family has suffered.

In the case of a fatal car accident in San Diego, a wrongful death claim can arise from:

• Drunk driving or drug-impaired driving
• Speeding crash fatalities
• Running red lights or ignoring traffic signs
• Distracted or reckless driving
• Poorly maintained roads or vehicle defects

Who Can File a Wrongful Death Claim in California?

Under California law, the following individuals may be eligible to file a personal injury wrongful death claim after a car crash:

• The deceased person’s spouse or domestic partner
• The deceased’s children
• In cases where there is no spouse or children, dependent family members, such as parents or stepchildren, may be eligible

If multiple parties are eligible, they may join together in one lawsuit. A wrongful death attorney can help determine who is legally allowed to file and how to proceed.

Proving Negligence After a Fatal Car Crash

To succeed in an auto fatality lawsuit, the plaintiff must prove that the death was caused by another party’s negligence. This generally requires demonstrating four key elements.

Duty of Care

All drivers owe a duty to others on the road to drive safely and follow traffic laws.

Breach of Duty

This occurs when the driver acts recklessly or carelessly. Examples include texting while driving, running a red light, or drunk driving.

Causation

The negligent behavior must be directly responsible for the accident that led to the death.

Damages

There must be quantifiable damages—emotional and financial—that resulted from the person’s death.

Evidence in a Wrongful Death Claim

To prove fault in a fatal car accident wrongful death case in San Diego, your legal team will gather and preserve compelling evidence. This may include:

• Police reports: Official crash reports often identify fault and list witness statements.
• Accident scene photos and video: Skid marks, debris, or dashcam footage can support your version of events.
• Autopsy or coroner’s reports: These documents help establish the cause of death.
• Medical records: If the deceased received treatment prior to passing, these records show the scope of the injuries.
• Eyewitness testimony: Third-party accounts are often considered highly credible in civil court.
• Expert analysis: Accident reconstructionists and forensic experts may be brought in to explain the sequence of events.

Damages Available in a Wrongful Death Claim

Losing a loved one changes every aspect of life. A wrongful death lawsuit aims to recover the financial and emotional losses suffered by surviving family members. These may include the following.

Economic Damages

• Funeral and burial costs
• Medical expenses incurred before the death
• Loss of the deceased’s future earnings
• Loss of household services (such as childcare or home maintenance)

Non-Economic Damages

• Pain and suffering of the family
• Loss of companionship
• Loss of guidance and support

What if Criminal Charges Are Also Filed?

It’s common for a fatal accident, especially involving DUI or reckless driving, to result in criminal charges. However, criminal and civil cases are entirely separate.

Even if the driver is not convicted in criminal court, you may still succeed in civil court, where the burden of proof is lower. In civil claims, you only need to prove that the at-fault party was liable by a preponderance of the evidence, not beyond a reasonable doubt.

How Long Do You Have to File?

California imposes a two-year statute of limitations from the date of the death to file a wrongful death claim. If you wait too long, the court will likely dismiss your case, regardless of its merits.

If the at-fault party is a government agency (for example, a city bus driver or defective road maintenance), a government claim must be filed within six months of the incident.

Consulting with a wrongful death attorney as early as possible ensures you do not miss critical deadlines.

Our Approach to Wrongful Death Cases

At Eugene Bruno & Associates, we understand that no lawsuit can bring back a loved one. But it can help your family gain a measure of justice, secure your financial future, and hold negligent drivers accountable.

Here’s how we help our clients in fatal car accident wrongful death cases in San Diego:

• Investigative power: We move quickly to secure crash scene evidence, surveillance footage, and witness accounts.
• Legal experience: With over four decades of combined experience, our attorneys know how to fight for maximum compensation.
• Trial-ready: While many cases settle out of court, we prepare every case as if it’s going to trial.
• Compassionate representation: We understand this is a difficult time. We handle all legal details so you can focus on healing.

Whether your claim involves a speeding crash fatality, drunk driving wrongful death, or any other type of fatal auto accident, our team will guide you every step of the way.

Talk to Our Experienced Wrongful Death Lawyers in San Diego

You shouldn’t have to face this difficult time alone. The legal team at Eugene Bruno & Associates can help you seek justice. We offer effective legal guidance and a free consultation to review your case.

Call our San Diego wrongful death attorneys at 1-888-BRUNO-88 (1-888-278-6688) to learn more today.