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Wrongful Death Lawyer

The sudden death of a loved one is an unimaginable tragedy, especially when caused by the negligence of another individual. 

You should know that you can receive the compensation necessary to move forward through a wrongful death lawsuit

San Diego, CA, trusts the wrongful death lawyers at Landay Roberts because of their widespread acclaim and client-centered approach. 

Request Our No-Cost Representation

San Diego Coastline with a sailboat

Our San Diego wrongful death attorneys are deeply attuned to the anguish of the families they help. On top of great emotional suffering and the loss of the deceased person's companionship, a wrongful death can thrust surviving family members into financial stress. Under no circumstance do our lawyers want to add any financial burdens. 

We begin each wrongful death claim with a 100% free consultation. If we take on your wrongful death lawsuit, we will do so on a contingency basis. This means we do not charge a single cent throughout the entirety of the case. The only way we get paid is by receiving a percentage of any wrongful death verdict or settlement we obtain on your behalf. Call or write to us so we can represent you. 

(619) 230-5712

Talking to our San Diego wrongful death lawyers carries absolutely no monetary risk. In the event we fail to get you compensation, then you would not owe us anything.

What Is
a Wrongful Death Claim?

family holding hands

A wrongful death claim allows family members to seek compensation from a party who committed negligent or malicious acts that killed their loved one.

A wrongful death lawsuit is pursued in civil court, which has a lower threshold for standard of proof than in criminal court. This means winning a wrongful death claim does not require proving guilt beyond a reasonable doubt.

What must be proven is that 1) more likely than not, the deceased person's passing was caused by negligence or intent to harm by the defendant; and 2) the surviving family members are suffering monetary harm as a direct result of the wrongful death. 

Wrongful Death Compensation

Comes in Many Forms

a gavel placed on a stack of hundred dollar bills

Some families choose to focus on grieving and healing instead of pursuing a wrongful death claim because they are unaware of the many categories of compensation available to them. Our wrongful death attorneys can seek compensation for the following and more:

  • Burial or funeral expenses
  • Pain and suffering experienced by the decedent
  • Lost companionship, emotional support, and mentorship
  • Medical bills and expenses the decedent incurred prior to their passing
  • Lost financial support and lost future wages the deceased would have earned

California Allows

For Significant Compensation

lawyer signing paperwork

Some states place maximums on the amount of compensation a family can receive in a wrongful death lawsuit. California only limits wrongful death compensation for a single case type – medical malpractice. If your wrongful death claim revolves around an auto accident, slip and fall, defective product, or any other cause of death outside of medical malpractice there is no compensation limit. 

For decades, California limited non-economic damages in medical malpractice wrongful death cases to $250,000. Governor Gavin Newsom signed into law a bill that raised this cap to $500,000 as of 2023.  It will continue to rise by an additional $50,000 each year until the cap plateaus at $1 million. 

Our Wrongful Death Attorneys Earn Major Verdicts & Settlements


Our wrongful death and personal injury attorneys have built their careers on winning six and seven-figure cases. John K. Landay and Malcolm B. Roberts's great victories include $500,000 in a car accident case and $2.3 million for senior citizens who were egregiously defrauded.

Super Lawyers® Is Highly Selective

Our San Diego attorneys are both 4-time Super Lawyers selections. This honor is not given out easily. A maximum of 5% of California attorneys can be named Super Lawyers in any given year. 

Who Can File a Wrongful Death Lawsuit?

A wrongful death lawsuit can be filed by any of the people listed below. 


A wrongful death lawsuit can be filed by the decedent's spouse, domestic partner, children, or grandchildren.


Financial dependents not described above can file, such as step children, parents, or a financially dependent minor who lived with the decedent for the 180 days before their passing. 


A wrongful death claim can also be filed by a personal representative of the deceased's estate. A personal representative is either named so in the decedent's will or appointed by the court.

Statute of Limitations Limit Your Time to File

In the wake of a loved one's death, it can be tempting to solely focus on emotional recovery. This leads some families to put off filing their wrongful death case until it is too late. Statute of limitations laws set deadlines for filing. If these deadlines are missed, you almost certainly lose the ability to receive compensation.

The standard deadline for a wrongful death case in California is two years from the date of your loved one's passing. Medical malpractice wrongful death can be more complex. Families usually have no more than three years to file a medical malpractice wrongful death case. Often, you may have just a single year to file from the date the injury was or should reasonably have been discovered. 

Begin Your
Wrongful Death Case

Balboa Park

Delaying speaking to a wrongful death lawyer can only harm your potential case. Our San Diego wrongful death lawyers are here to answer all of your questions and pursue the compensation you deserve. At your free consultation, we will provide a thorough and honest assessment of the prospects of your case. 

In addition to their success in plaintiff work, our attorneys have a background in defense. Our San Diego law firm successfully protected a securities brokerage firm from plaintiffs seeking almost $1 million in damages. Our track record of winning major cases from both sides allows us to anticipate and prevent potential complications. To receive help from proven San Diego wrongful death attorneys, simply reach out today

(619) 230-5712

Examples of Wrongful Death Cases

car accident

Auto Accident

California law dictates that drivers must exercise a reasonable standard of care when operating a vehicle. They must drive at safe speeds, monitor the direction of their vehicle, and keep a lookout for pedestrians. If a driver ignored basic safety rules and killed a bicyclist, the bicyclist's family could sue for wrongful death. 

Caution tape around a dock that looks unsafe

Premises Liability

The owner of a property has a duty to exercise care to keep their property safe. If a property owner failed to perform basic maintenance, thus leading to a deadly accident, the property owner can be sued for wrongful death. A specific example is failing to perform upkeep on an escalator, leading to a malfunction and deadly fall. 

Stressed Doctor

Medical Malpractice

In California, medical professionals are deemed negligent if they fail to exercise the level of skill, knowledge, and care on a patient that a reasonably careful medical professional should. An example would be health care professionals missing obvious signs of a serious heart condition, and this failure to diagnose being lethal. 

power cord on fire

Defective Products

Product manufacturers must take many steps to ensure the safety of what they sell. Unfortunately, defects can occur in the marketing, manufacturing, or design of a product. A fatal example of a defective product is a prescription medicine manufacturer failing to provide adequate, clear warnings of the dangers of their medicine. 

Mr. Roberts is a proud member of the American Association for Justice® – an organization that has protected clients and defended the right to a jury trial for more than 75 years.

Landay Roberts Lawyers

Landay Roberts LLP

At our core, we are problem solvers who are also lawyers. It's a pairing that allows us to bring the best results possible for plaintiffs and defendants in need of solutions. Our business litigation attorneys are admitted to practice before all the U.S. District Courts in California as well as state courts. Their honors and affiliations include:

  • American Bar Association
  • American Association for Justice
  • San Diego County Bar Association 
  • California Super Lawyers, 2020-2024
  • San Diego Business Journal - Best of the Bar, 2016-2017

As a boutique business litigation firm, we offer personalized service that is unmatched by larger firms. Request a consultation by contacting us or calling (619) 230-5712.

Contact Us Today

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