If you lost a loved one due to someone else’s negligence or wrongful actions, we understand you may be enduring a deeply angering and traumatic experience. During such times, you may be wondering how to find justice and help cover expenses like medical bills and funeral costs.
You have options. Our team of San Diego wrongful death lawyers at Arias Sanguinetti can help you understand your legal options and work with you to pursue justice. Our firm has a strong history, obtaining over $1.5 billion for clients, standing by their side every step of the way.
If you need a San Diego personal injury lawyer to advocate tirelessly on your behalf as you recover from this loss, contact Arias Sanguinetti today. We are here to help you find the path forward and recover the financial compensation you deserve.
Understanding Wrongful Death in California
Wrongful death happens when someone dies because of another person’s negligent or harmful actions. In these cases, you and your family members may be eligible to seek financial relief for expenses and other losses related to your loved one’s death.
This area of law requires experienced attorney. Our team of lawyers brings over 300 years of combined experience – we teach continuing education classes for other lawyers and have won some of the most prestigious awards available to lawyers.
We can help determine if you have a valid claim by examining several important elements.
Was There a Duty of Care?
The first step in a wrongful death case is to establish that the defendant owed a duty of care to the deceased. This duty depends on the relationship and circumstances, such as a driver’s responsibility to others on the road or a doctor’s obligation to their patient.
Proving this duty is essential to proceed with the claim.
Was the Duty of Care Breached?
Once a duty of care is established, it must be shown that the defendant breached this duty. This could involve actions like a driver ignoring traffic laws or a professional failing to meet their established responsibilities.
The breach demonstrates that the defendant did not act as a reasonable person would have in similar circumstances.
Did it Cause the Death?
Finally, it must be proven that the breach of duty directly led to your loved one’s death. For example, if a driver ran a red light and caused a fatal accident, this connection could be grounds for a wrongful death claim.
The wrongful actions must have directly contributed to your family member’s loss of life to hold the defendant accountable.
Who Can File a Wrongful Death Lawsuit?
Under California Code of Civil Procedure 377.60, specific individuals are permitted to file a wrongful death lawsuit when someone dies due to another’s negligence or wrongful actions. Those eligible include:
- The surviving spouse of the deceased
- The domestic partner of the deceased
- The children of the deceased
If there are no direct descendants, others, such as the deceased’s parents or siblings, may have the right to file a claim if they would inherit under California’s intestate succession laws.
Additionally, those who were financially dependent on the deceased, like the “putative” spouse, children of the putative spouse, and stepchildren, may also be eligible to bring a claim. These complexities necessitate an experienced attorney’s attention to navigate.
San Diego Wrongful Death Lawyer Near Me 310-844-9696
Why Hire a San Diego Wrongful Death Lawyer?
Our San Diego wrongful death attorneys understand how difficult it is to cope with the loss of a loved one while also managing a legal case. We aim to ease this burden by handling every aspect of your claim and keeping you informed throughout the process.
Here’s how our team can help:
- Handle all communication with insurance companies
- Help you secure medical care on lien
- Investigate the circumstances of your loved one’s passing and gather evidence
- Identify all potential sources of financial recovery
- Assess both immediate and future costs related to your loss
- Represent you in mediation
- Negotiate assertively with insurers or other parties for a fair settlement
- Take your case to court if a reasonable settlement cannot be reached
Our goal is to hold those responsible accountable and help your family find a path forward. Contact our San Diego personal injury lawyers today, as there are time limits to file a claim.
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Understanding the Statute of Limitations for Wrongful Death in California
California law states that family members or the estate have two years from the date of the incident that caused the fatality to bring a claim against those responsible.
For survival action claims, which seek compensation for losses specific to the survivors, the deadline is either two years from the date of the injury that led to the death or six months after the death – whichever is later.
Given the strict timelines and the nature of these cases, it’s important to consult with a San Diego wrongful death attorney promptly to explore your options and pursue the justice your family deserves.
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What Can Be Recovered in a Wrongful Death Claim?
The compensation available in a San Diego wrongful death claim depends on the details of each case, but the types of damages generally fall into two categories: economic and non-economic damages.
Economic damages cover the financial impact of the loss, with specific amounts tied to actual expenses. These may include:
- Costs for funeral and burial
- Medical bills and related expenses incurred prior to death
- Lost income and future earnings of the deceased
- Loss of benefits (e.g., pension, medical coverage, etc.)
Non–economic damages are intended for the personal losses of surviving family members and may include:
- Loss of love and companionship
- Emotional distress and mental anguish of survivors
In some cases of gross negligence, punitive damages may also be awarded to punish the responsible party for their actions.
Get the Support You Need After a Loss
Losing a loved one due to someone else’s actions is a heartbreaking experience, and you shouldn’t have to face the legal process alone. A San Diego wrongful death lawyer from Arias Sanguinetti can help you pursue justice and hold the responsible parties accountable for their actions.
With a proven track record, having obtained well over $1.5 billion for clients, Arias Sanguinetti has the experience and dedication to fight for your family’s rights. We understand the impact of your loss and are here to support you every step of the way.
Contact Arias Sanguinetti today to discuss your case. Our team is ready to provide the guidance and care you need during this extremely difficult time.
Call or text 310-844-9696 or complete a Free Case Evaluation form