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BEST Carlsbad Wrongful Death Lawyers Near You
Are you searching for the “wrongful death lawyers Carlsbad”? The unexpected loss of a loved one is a devastating experience that no family should have to endure. The Carlsbad wrongful death lawyers at Levinson Law Group understand your emotional and financial turmoil. Call us at 760-227-2754 to provide the compassionate support and expert legal guidance you need during this difficult time.
What is a Wrongful Death Lawsuit in California?
A wrongful death lawsuit is a civil action intended to recover monetary damages arising from a death. A wrongful death occurs when someone loses their life due to another party’s negligent, reckless, or intentional actions.
These cases are complex and require a deep understanding of California law. Our Carlsbad wrongful death attorneys have the knowledge and experience to navigate these challenging legal waters on your behalf.
Wrongful death cases in Carlsbad can arise from various situations, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
- Pedestrian and bicycle accidents
- Slip and fall accidents
- Drowning incidents, given Carlsbad’s proximity to the ocean
What are Wrongful Death Damages in California?
In cases where a defendant is found responsible for the accidental death of your loved one, you may be entitled to compensation in the form of monetary damages. These wrongful death damages are designed to compensate survivors for their various losses.
In Carlsbad, California, you may be eligible for damages covering:
- Home-related services. Your loved one may have been responsible for cooking, cleaning, childcare, or home maintenance. Since their passing, you’ve likely had to hire help for these tasks. You can receive compensation to cover these expenses.
- Expected financial support loss. This is often a significant loss. If your spouse died, you were likely counting on their income to support your family. If you’re the child of the deceased, you expected their financial support at least until adulthood. You can be compensated for this lost support.
- Non-economic losses. These include intangible losses such as the absence of affection, guidance, companionship, moral support, and love. The jury will use their judgment to determine appropriate compensation for these losses.
The deceased’s estate can also file a claim for certain expenses, including burial and funeral costs, medical expenses related to the final illness, and any lost wages from the time of injury until death.
Proving damages can be complex, which is why it’s crucial to have skilled Carlsbad accidental death attorneys on your side.
To accurately assess the loss of financial support, you may need an expert witness to testify about your loved one’s potential earnings based on their education and experience. To demonstrate the loss of love and affection, you might need to provide testimony about your relationship in court.
Elements of a California Wrongful Death Case
Under California law, proving a wrongful death claim requires us to demonstrate either negligence or intentional harm by the at-fault party.
Proving Negligence in a Wrongful Death Action
Carlsbad injury accident attorneys base most of their cases on negligence. However, we also cite negligence in many wrongful death claims. The four elements of negligence are:
- The at-fault party owed the victim duty of care
- The at-fault party failed to uphold their duty of care
- The at-fault party’s actions caused an accident that resulted in the victim’s death
- The victim’s family suffered provable damages
We demonstrate your damages in wrongful death cases with copies of bills, wage statements, and similar documentation.
Proving Intentional Harm in a Wrongful Death Action
Demonstrating intentional harm is typically the approach we use if the victim died due to violence. In these cases, the defendant may also face criminal charges. However, those proceedings take place separately from your civil action. The three components necessary to make a civil case for intentional harm are as follows:
- The at-fault party intended to commit the act(s) in question,
- The at-fault party made non-consensual contact with the victim, and
- The non-consensual contact caused the victim’s death.
Some examples of circumstances that might indicate intentional harm are shooting deaths or being purposely struck or run over by someone’s car.
How a Carlsbad Wrongful Death Lawyer Near You Can Help
As you and your family face this time of stress and grief, having an attorney on your side gives you the time you need to spend with loved ones and handle the many burdens you face. We work to protect your legal rights, helping to prevent the insurance company from taking advantage of you when you’re at your most vulnerable. Often, insurers will attempt to coax a recorded statement from you to use against you later.
Or they may push you to accept a low settlement offer that does not fairly represent your damages. Our Carlsbad accidental death lawyers hold the insurance companies to the high ethical standards to maximize the value of your wrongful death settlement.
How to File Wrongful Death Claims in California
In most cases, we pursue California wrongful death claims through the at-fault party’s insurance company.
Begin the process by scheduling a no-cost initial consultation with a wrongful death attorney. After the attorney answers your questions and you are satisfied that you have a viable case, you will advise your attorney to proceed with your claim.
Once in the hands of your lawyer and legal team, the typical steps to the process include:
- Investigating and documenting your claim
- Calculating and documenting your recoverable damages
- Presenting your claim and demand to the insurance company
- Negotiating a fair financial settlement
If we cannot obtain a reasonable and timely settlement offer from the insurer, we often recommend moving forward with a civil lawsuit. In that case, we will file legal action in the appropriate jurisdiction and prepare your case for trial.
The Wrongful Death Statute of Limitations for California
California does not give surviving family members forever to file a wrongful death lawsuit. Instead, it sets a two-year deadline in its statute of limitations.
This two-year clock starts running from the date of your loved one’s death.
If you fail to file in time, then the defendant can ask the judge to dismiss your case, and the judge almost certainly will. This will result in the defendant being let completely off the hook and surviving family members not receiving any compensation.
It is best to avoid delay, so reach out to a Carlsbad wrongful death attorney near you today.
How Wrongful Death Cases Differ from Criminal Trials
Wrongful death lawsuits have several key differences from criminal trials for murder or manslaughter.
Consider the following: The prosecutor brings a criminal prosecution. Conversely, surviving family members bring a civil lawsuit in civil court. A criminal case has a higher burden of proof—guilt beyond a reasonable doubt.
In a wrongful death lawsuit, the burden of proof is a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible for your loved one’s death. A defendant convicted of a crime can go to jail, serve time on probation, and will have a criminal record. In a wrongful death lawsuit, a defendant will only pay money to the family members. Some conduct doesn’t rise to the level of a criminal offense. For example, ordinary negligence probably cannot sustain a manslaughter charge. However, a defendant can still be sued for wrongful death.
Wrongful death cases are complicated, and family members should not try to bring them on their own. Instead, reach out to an experienced attorney who can advise you of your rights and build your case in an appropriate manner.
After the Accident
After a wrongful death, it’s crucial to act promptly. Failing to file within the proper time frame could result in losing your right to seek compensation.
At Levinson Law Group, our expert wrongful death lawyers in San Diego and Carlsbad can guide you through each step of the process:
- Initial consultation and case evaluation
- Thorough investigation and evidence gathering
- Identification of all liable parties
- Accurate calculation of damages
- Filing of the wrongful death lawsuit
- Negotiations with insurance companies
- Litigation in court, if necessary
Contact Experienced Carlsbad Wrongful Death Lawyers Today
Don’t face this difficult time alone. If you’ve lost a loved one due to someone else’s negligence or wrongful act, contact the compassionate and skilled Carlsbad wrongful death attorneys at Levinson Law Group today. We offer free, no-obligation consultations to discuss your case and explain your legal options.
Call us now at 760-227-2754 or fill out our online contact form to schedule your free consultation. Let us put our in-depth knowledge and experience to work for you and your family. Remember, we work on a contingent fee basis – if there’s no recovery in your case, you pay no fee. Don’t let critical deadlines pass – reach out to us today and take the first step toward justice for your loved one.
