San Diego Wrongful Death Lawyer
Experienced San Diego Wrongful Death Law Firm
When an incident occurs that gives rise to a personal injury claim in San Diego County, those who have been injured often face a long and difficult recovery, but the fact is that many victims over time do recover and get back into their normal routines. However, that is sadly not the case for all victims of negligence or recklessness, and some victims are not even given the choice as to whether they have to pay the ultimate price as a result of someone else’s actions or failure to act death. Contact a San Diego wrongful death attorney at the San Diego Injury Law Center today. Schedule a Free Case Evaluation with no upfront costs. Call our San Diego office at 619-338-8230. There will be no fee until we win!
While no one even wants to consider this possibility, it is unavoidable for too many people every year in the San Diego area, and if this sounds familiar, you need to contact the San Diego wrongful death attorney as soon as possible to schedule a free initial consultation. You do have rights that need to be enforced, and below are just a few examples of the types of damages considerations that could come into play if you pursue a claim.
Loss Of Income
LOSS OF COMPANIONSHIP
Who Can File a Claim
Your Next Step
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What is wrongful death?
Wrongful death is a legal term used to describe a situation in which someone dies as the result of the negligence, recklessness, or intentional conduct of another person or entity. In such cases, the surviving family members or beneficiaries of the deceased may be entitled to pursue a wrongful death lawsuit to recover damages, such as compensation for lost earnings, pain and suffering, and loss of companionship. In wrongful death cases, an attorney can help you understand your legal rights and options, as well as assist you in pursuing compensation for your losses.
If you believe that your loved one’s death was the result of someone else’s negligence or intentional misconduct, contact SD Injury Law for a free consultation and ensure your legal rights are protected.
What are the most common causes of wrongful death in San Diego?
In San Diego and surrounding areas, some of the most common types or wrongful death cases include:
- Traffic accidents: This can include a car accident, bus accident, trucking accident, motorcycle accident and pedestrian related accidents.
- Medical malpractice: This can occur when a doctor, nurse, or other healthcare provider fails to provide appropriate care following injuries such as spinal injuries and traumatic brain injuries, resulting in a patient’s death.
- Workplace accidents: This can occur when an employee is killed on the job due to a lack of safety measures or proper training.
- Defective products: This can occur when a consumer dies as a result of a dangerous or faulty product.
- Premises liability: This can occur when a property owner fails to maintain safe conditions on their property, leading to a fatal accident.
While the specific facts of each case will determine whether a wrongful death claim is appropriate, if you believe your loved one was a victim of wrongful death, SD Injury Law is here to help. With a free consultation, we can determine if you have a viable case and take action to preserve your rights, allowing you and your family to focus your time and energy on healing from your loss.
Types of San Diego Wrongful Death Cases
Wrongful death cases in San Diego can arise from various circumstances such as: auto accidents, medical malpractice, premises liability, workplace accidents, criminal acts and maritime accidents. The circumstances of each case can vary greatly and it’s important to consult with a qualified attorney to determine the best course of legal action.
Who can sue for wrongful death in California?
In California, the following individuals can bring a wrongful death lawsuit:
- Surviving spouse
- Domestic partner
- Children of the deceased spouse
- Putative spouse (a person who was believed to be married to the deceased person, but the marriage was not legally valid)
- Parents of the deceased person
If there is no surviving family member, the estate of the deceased person can bring the wrongful death lawsuit. The personal representative of the estate is responsible for filing the lawsuit and distributing any damages recovered to the beneficiaries of the estate. If you believe you have a wrongful death case, schedule a free consultation with one of our expert wrongful death attorneys at SD Injury Law, who are here to help you fully understand your legal rights and discuss the options available to you.
What is the statute of limitations on a wrongful death case in California?
For wrongful death cases, it’s important to note the statute of limitations, which is two years from the date of death.This means that a lawsuit must be filed within two years of the date of death or the right to bring a lawsuit may be barred.
It’s important to note that the statute of limitations may be extended in certain circumstances, such as if the deceased person was a minor at the time of death or if the cause of death was not immediately known. It’s always recommended to consult with a qualified wrongful death attorney as soon as possible after the death has occurred to ensure that the statute of limitations does not expire.
At SD Injury Law, we understand that most of your time after your loss will be focused on healing and can provide peace of mind knowing your rights are being protected and represented by a competent expert attorney. Whether you’re experiencing a prior or recent loss, call us at SD Injury Law for a free consultation today, to ensure the proper legal action is taken timely to protect you from the statute.
How do I prove wrongful death in San Diego, California?
To prove a wrongful death case in San Diego, California, the following elements should be established:
- Duty of Care: The defendant had a duty to exercise reasonable care to prevent harm to the deceased person.
- Breach of Duty: The defendant breached their duty of care, either through an act of negligence or intentional misconduct.
- Causation: The breach of duty was a direct and proximate cause of the death of the deceased person.
- Damages: The death of the deceased person caused quantifiable damages, such as medical expenses, funeral expenses, loss of earnings and support, and pain and suffering.
In wrongful death lawsuits, it is important to have evidence to support each of these elements. This may include witness statements, medical records, police reports, expert testimony, and other relevant documents. Our legal experts at SD Injury Law can help you gather and present the necessary evidence to support your case. how
How are wrongful death settlements paid out in California?
Wrongful death settlements in California are typically paid out to the beneficiaries of the deceased person’s estate. The settlement amount is usually divided among the surviving spouse, children, and/or parents of the deceased person, depending on the certain circumstances of each case. In California, the distribution of settlement proceeds is governed by the state’s probate code, which sets forth the priority of payment for different categories of beneficiaries. Specific distribution will depend on the provisions of the deceased person’s will, if there is one, or the intestacy laws of California, if there is no will.
It’s also important to note that California operates under a comparative negligence system, meaning that the degree of fault of each party involved will be determined, and any damages awarded will be reduced by the percentage of fault attributed to the deceased person. In wrongful death cases, it’s important to have a thorough understanding of the probate laws and the distribution of settlement proceeds, which is why it’s always recommended to consult with an experienced attorney. We at San Diego Injury Law have extensive knowledge of the laws surrounding wrongful death cases and will ensure to keep you updated on the process, from filing of the lawsuit to settlement disbursement. Contact us today for a free consultation and don’t pay us until we win.
What damages can be recovered in a San Diego wrongful death case?
Specific damages recoverable in a wrongful death case will depend on the specific circumstances and the relationships of the surviving family members to the deceased person. In a wrongful death case in San Diego, the following damages may be recoverable:
- Funeral and burial expenses.
- Medical expenses incurred before the death of the deceased person.
- Loss of future earnings and support.
- Loss of love, companionship, and support to the surviving spouse and children.
- Pain and suffering experienced by the deceased person before their death.
- Loss of inheritance to the surviving spouse and children.
Our experienced wrongful death attorneys at San Diego Injury Law will determine the damages recoverable for each specific case and help the surviving family members recover the full compensation they are entitled to.
How to file a wrongful death case in San Diego
The process for filing a wrongful death case in San Diego, California typically involves the following steps:
- Consult with a qualified wrongful death attorney: A wrongful death attorney can evaluate the circumstances of the death, advise you on the viability of your case, and help you understand your rights and options.
- Gather evidence: Your attorney will gather evidence to support your case, including witness statements, medical records, police reports, and other relevant documents.
- File the lawsuit: Your attorney will draft and file the wrongful death complaint in the appropriate court.
- Serve the defendant: The defendant must be served with the complaint, which is usually done by a process server.
- Discovery: The discovery process involves exchanging information and evidence between the parties. This can include written questions, depositions, and the production of documents.
- Negotiations: Your attorney will negotiate with the defendant or their insurance company to try to reach a settlement. If unable to reach an agreement, the case will proceed to trial.
- Trial: If the case proceeds to trial, a jury will hear the evidence and make a determination on liability and damages.
When you work with San Diego Injury Law Center we will facilitate case filings. While grieving the death of a loved one – it may be hard to think clearly and focus on a lawsuit. Working with a team of expert attorneys can allow you more time to grieve and heal – which is important as you navigate life without your loved one.
Contact the Best San Diego Wrongful Death Lawyers
If you believe that your loved one’s death was the result of someone else’s negligence or intentional misconduct, contact SD Injury Law for a free consultation and ensure your legal rights are protected. During the call, we can determine the viability of your case and help you understand your rights and legal actions that can be taken. If we determine that you have a wrongful death case, our experienced attorneys will work on your behalf to ensure you and your family recover the full compensation you are entitled to. There will be no fee until we win!