San Diego Wrongful Death Lawyers CA

What is a Wrongful Death Claim?

As previously stated, if an individual passes away due to the negligent actions of another party, a wrongful death claim may be filed on their behalf to recover fair compensation for their injuries and damages incurred due to the accident.

A wrongful death may occur in a number of ways, such as motor vehicle accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, and more. The victim’s family may file a wrongful death lawsuit, if they are unable to reach an agreement with the responsible party’s insurance company.

The damages that the defendant (the accountable party) pays when the claim is won can include payments for medical expenses, burial costs, loss of consortium, loss of income, and more. This compensation for losses is intended to help the family with the financial burdens that have resulted from the accident.

For a wrongful death claim to be considered valid, it must be proven that the at-fault party’s negligence caused the wrongful death. An experienced San Diego wrongful death lawyer will know how to best approach your claim for compensation in order to prove negligence and achieve a favorable outcome.

Who is Eligible to File a Wrongful Death Claim?

The California Code of Civil Procedure 377.60 states that a wrongful death claim may be filed by the following parties:

• Deceased’s surviving spouse
• Deceased’s domestic partner
• Deceased’s surviving children

If an accident victim passes without any living heirs, a wrongful death claim can be filed by the person who would inherit the deceased’s property under state law. Wrongful death claims may be filed by relatives of the deceased, such as their parents or siblings, depending on who is alive at the time of the death.

Parties that are financially dependent on the wrongful death victim may also be eligible to file a claim, such as:

• Deceased’s “putative spouse” and children
• Deceased’s stepchildren
• Deceased’s parents

Accidents Leading to a Wrongful Death

As previously stated, a wrongful death may occur due to the negligence of another party. This negligence may lead to actions that result in an accident. Some of the most common accidents that may lead to wrongful death are:

Pedestrian Accidents

Pedestrians are at a greater risk of being hit by a car than people in other vehicles because they lack adequate protection. Unfortunately, accidents that involve pedestrians occur frequently and are often caused by drivers who are speeding or driving while under the influence of alcohol or drugs. The Centers for Disease Control and Prevention (CDC) reports that 7,000 individuals sustained fatal injuries in pedestrian accidents involving a motor vehicle in 2020.

Auto Accidents

Fatal car accidents are a common cause of wrongful death. The National Highway Traffic Safety Administration (NHTSA) reports that traffic accidents reached a 16-year high in 2021, with approximately 42,915 people dying as a result. These accidents are often caused by drivers who are not careful and do not act responsibly while driving.

Defective Products

If a product is defective, and this flaw causes the death of a consumer, a wrongful death claim may be filed against the product manufacturer. Some examples of defective products that could cause wrongful death are poorly manufactured car parts, children’s toys, and hazardous materials that are not properly labeled.

Premises Liability

If a person dies as a direct result of another person or property owner’s negligence, the victim’s family may file a wrongful death claim. Property owners have the duty of care to ensure that their premises are safe for everyone.

Nursing Home Abuse and Neglect

The wrongful death of the elderly became a serious problem during the pandemic. Many of these deaths were caused by neglect rather than by the virus itself. The elderly are often quite frail, and even a minor accident can cause fatal injuries if they are not properly cared for.

Medical Malpractice

If medical professionals do not provide proper care to a patient or commit a medical error, this may result in the patient’s death. This is considered medical malpractice.

Truck Accidents

An accident involving a commercial truck can often be deadly due to the size and weight of the truck. According to the National Security Council (NSC), large trucks were responsible for 9% of all fatal truck crashes in 2020, which totaled nearly 5,000 deaths. The occupants of other vehicles made up 71% of these deaths.

Requirements to File a Wrongful Death Claim

To file a valid wrongful death claim, the plaintiff (accident victim’s family) must show that the death was caused by someone else’s negligent actions.

To prove that a wrongful death has occurred, the accident claimant must prove the following:

• The defendant acted recklessly or conducted negligent actions
• These negligent actions directly caused the death of a victim
• The surviving family member are legitimate heirs of the victim’s estate
• These surviving family members have suffered a tangible loss due to the death of the victim

Wrongful death claims can be difficult to manage as you are grieving the loss of a loved one. This may be difficult to handle without the help of an experienced lawyer. A detailed investigation may be required in order to get the adequate compensation possible for your loved one’s injuries and property damage.

Having a San Diego wrongful death lawyer by your side will help to ensure that you receive the maximum compensation and peace of mind during this ordeal.

Compensatory Damages in a Wrongful Death Claim

Although no wrongful death settlement amount can make up for the loss of a family member, it may help with some of the financial burdens that come as a result of their death.

The amount of compensation one may receive for a wrongful death claim varies depending on the factors of the individual case. However, the most common types of economic and non-economic damages that may be awarded include:

• Medical bills incurred resulting from the injury of the deceased
• Burial expenses
• Funeral expenses
• Loss of income or anticipated earnings of the deceased
• Loss of inheritance due to the untimely death
• Lost benefits resulting from the death of the victim e.g. pension, medical coverage, etc.
• Emotional distress and mental anguish experienced by the deceased’s family members
• Loss of companionship
• Other economic losses resulting from the death
• And more

Why Should You Hire a San Diego Wrongful Death Lawyer?

Understandably, some people may want to handle a wrongful death claim on their own, however, this is not always the best option. These types of claims can be very time-consuming and emotionally draining. It is always best to seek the advice of a legal professional.

At Farahi Law Firm, our skilled attorneys are here to help. Here are some of the services we will offer in order to help you win your case:

• Successfully file your wrongful death claim within the statute of limitations
• Conduct a thorough investigation and collect pertinent evidence
• Establish liability for your loved one’s untimely death
• Deal with the defendant’s insurance adjuster on your behalf
• Fight aggressively for the maximum settlement amount
• Represent you in a trial if required

Hire Expert San Diego Wrongful Death Lawyers

If your loved one’s wrongful death was the result of someone else’s negligence, you may be able to take legal action by filing a wrongful death claim against that party. This could allow you to recover compensation for the damages caused by their death.

Our San Diego wrongful death lawyers are dedicated to helping families of accident victims receive the justice they deserve. We will not only strive to get a fair insurance settlement, but we will also deal with all the complicated paperwork associated with your case so that your family can focus on grieving.

Do not hesitate to contact us, wrongful death cases can be complex, and our team of accident attorneys, doctors, and case managers have the experience to win you the justice you deserve.

Contact us at (619) 776-3851 for a free case consultation. We are available 24/7.