My Blog

SAN DIEGO WRONGFUL DEATH LAWYER

WHO CAN FILE A WRONGFUL DEATH LAWSUIT?

In California, only specific people can start a wrongful death lawsuit for their family member or loved one. You can find the rules about this in § 377.60-377.62 of the California Code of Civil Procedure.

According to these rules, the following people can start a wrongful death lawsuit:

The husband, wife, or partner who was living with the person who died.

The children of the person who died.

If there is no husband, wife, partner, or children, then these people can start a lawsuit:

  • Other dependents of the decedent
  • Putative spouse
  • Children of the putative spouse
  • Stepchildren
  • Parents

Even though different people can start a wrongful death claim, only one lawsuit is allowed for each wrongful death. This means that, for example, a surviving husband or wife and a surviving stepchild cannot start separate lawsuits.

If you lost someone you love too soon because of someone’s careless or wrong actions, you might be able to start a wrongful death lawsuit to get money. Our law firm is here to help families who are sad and going through a legal process. Our firm has helped clients win over $300 million in money from trials and agreements. You can trust our firm to make sure you get the fairness you deserve.

When Is a Death Considered “Wrongful?”

A wrongful death happens when someone dies because of another person’s mistakes or wrongful actions. Family members or people who were supposed to get something from the person who died can start a civil case called a wrongful death lawsuit. They want to get money to make up for the things they lost because of the death.

If someone dies because of any of the things listed below, it can be a reason to ask for money:

  • Intentional acts such as assault
  • Motor vehicle accidents caused by negligence
  • Medical malpractice
  • A defective or dangerous product
  • A poorly maintained property
  • Any other accident caused by negligence

How to Prove Liability for a Wrongful Death

To win a wrongful death lawsuit in California, you usually have to prove these things:

Death of a Person: You need evidence of someone passing away.

Negligence or Wrongful Conduct: There must have been a wrongful death caused by another person’s negligence or misconduct. It could be that the other person was very reckless, intentionally tried to harm someone, or failed to take precautions when they should have done so.

Causation: There needs to be a clear connection between what the person did wrong and why they died. You need to show that what the other party did or failed to do substantially contributed to their demise.

Breaking the rules: The death-causing party must have breached a duty of care owed to others. For instance, if it was a car accident fatality, then you may need to prove that traffic regulations were violated by another driver who also happened to be driving carelessly at that moment.

Damages: The relatives or beneficiaries of the deceased person must demonstrate that they suffered some negative consequences as a result of his/her demise. This can include things like having to pay medical bills; funeral expenses; losing financial support because it is no longer able-bodied enough to work for them; being extremely sad and emotionally distressed etc.

How Much Time Do I Have to File a Lawsuit?

In California, if you want to start a wrongful death lawsuit, you usually have two years from when the person died to do it. This time period is called the “statute of limitations.”

What Type of Compensation Could I Be Entitled to?

If someone dies because of a wrongful action, their family may get money to help with different expenses and their emotional needs.

Compensation for these types of cases can be different for each situation, but it usually falls into these groups:

Medical Expenses: This is money used to settle the medical bills of the deceased person who died in a mishap.

Funeral Expenses: Money that helps pay for funeral services, burials, or memorials of someone who has passed away.

Economic Damages: Any additional funds required due to the death of an individual, such as a loss of income.

Emotional Damage Money: In California, there is no cap on damages awarded by the court under this category except when it comes to mistakes made during medical treatment.

Criminal Charges vs Wrongful Death Lawsuits

When someone purposely makes another person die, they will probably be charged with a crime. The family members of the person who died might not know that even if the person who caused the death is facing criminal charges, they can still start a different case to ask for money in a wrongful death claim.

These claims are like lawsuits and are meant to give money to the family members who are still alive because of the wrongful death that happened to their loved ones. This is different from criminal charges, which are meant to punish the person who did something wrong.

In a wrongful death claim, it’s different from a criminal case. In a criminal case, the person is considered innocent until proven guilty and there must be very strong evidence to prove they are guilty. But in a wrongful death claim, even if the person is found not guilty in the criminal case because there is some doubt, they can still be found responsible in the wrongful death case if there is enough evidence.

Here’s an easier way to say it:

OJ Simpson was said to be not guilty of the murder charges for his ex-wife and her boyfriend, but in a different trial about money, he was found responsible for their deaths

Why File a Wrongful Death Lawsuit?

No matter how much money you get, it can’t make your loved one come back or make the sadness go away. But a wrongful death claim can give you some money to help with the costs that come from losing someone you love.

For example, When someone dies, their ability to earn money in the future also goes away. This might be the only way a family gets money. In these cases, a wrongful death claim can make sure that the family gets the money they need to support themselves in the future.

Other reasons why you should file a wrongful death lawsuit include:

Accountability and Justice: When you start a wrongful death lawsuit, it holds the person responsible for the death accountable. This can make the family members feel a sense of fairness and justice. It might also discourage other people from doing similar things in the future.

Deterrence:  The legal process and the possibility of having to pay money can make people think twice before doing something wrong or careless. This can help make things safer and prevent similar accidents from happening in the community.

Closure and Emotional Relief: Even though money can’t bring back someone you love, getting money from a wrongful death lawsuit can help the family feel more stable. This can make them feel a bit better and make it easier to deal with the practical things that come with losing someone.

Recognizing the pain: When a family starts a wrongful death lawsuit, it’s a way for them to officially say how much they’ve been hurt by losing someone. It shows that the death was wrong and helps other people understand how sad and hurt the family.

Prevention of Similar Incidents: When you make someone responsible for their actions in a wrongful death lawsuit, it can make things safer. It can make people follow better rules and practices to prevent the same thing from happening again.

Compensation for Non-Economic Damages:  Besides the money for practical things, wrongful death compensation can also include money for how you feel. This can be for things like feeling sad and lonely, missing someone’s company, and feeling really upset emotionally. It’s a way to recognize the things that can’t be seen but still hurt a lot.

Skilled Representation for Wrongful Death Lawsuits

If someone you love dies because of something bad or careless that someone else did, you might have the right to take legal action. To find out more about your situation and how our Law Firm can help you, get in touch with us today. We have been successful in winning large amounts of money in many cases, more than any other law firm in San Diego.

Here are some advantages of choosing our firm:

Legal Expertise and Experience:  At our Law Firm, we have a team of attorneys who know a lot about handling cases where someone died because of something wrong. They have a lot of experience and have done a good job in helping people in wrongful death cases. They understand how the law works and can help you.

Comprehensive Case Assessment:  We take a close look at what happened in the wrongful death situation. We want to find out who is responsible and see how strong the case is. We do this by collecting evidence, talking to people who saw what happened, and getting help from experts. This helps us build a strong case for our clients.

Navigating Legal Procedures: Our team knows a lot about the rules and steps involved in wrongful death lawsuits. We take care of everything related to the law, like filling out papers, making sure we meet important dates, and speaking for our clients in talks or in court.

Maximizing Compensation:  We work really hard to find all the different ways to get money for our clients. This might include getting money for things like medical bills, funeral costs, the money the person would have earned in the future, and even for how sad and hurt the family feels. We want to get as much money as we can for the family members who are still alive.

Negotiation and Litigation Skills: We are good at talking and arguing with insurance companies. If we need to, we can also go to court for you. Our goal is to get the best result we can for you, whether that means making a deal or going to court.

Emotional Support and Compassion: Losing someone you love is really hard and can make you feel sad. At our Law Firm, we are here to support you and be kind to you during the legal process. We know that wrongful death cases are sensitive, and we want to help make things a little easier for you.

When you need an attorney, you can call us today at +1 332 282 9557.

Table of Contents

Get Into Touch