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Wrongful Death Lawyer in San Diego, California
We understand that the loss of a loved one is an incredibly difficult experience, and while we can’t fully grasp what you’re going through, we are here to help you pursue the justice your family deserves. The death of a loved one is always a devastating event, and for family members left behind, the challenge of moving forward can feel overwhelming, especially if the deceased was the primary breadwinner. Survivors often face significant financial burdens and need compensation to maintain their home, cover bills, and secure a stable future.
At Levinson Law Group, we have successfully represented many grieving families in wrongful death cases throughout San Diego. We are here to provide answers to any questions you may have and guide you through this challenging process.
What is Wrongful Death in California?
A wrongful death refers to any fatality caused by a wrongful or negligent act. These can include intentional actions, such as a shooting or stabbing, as well as careless acts, like backing up a vehicle and striking a pedestrian due to the driver’s failure to check the rearview mirror.
If the victim had survived, they could have filed a personal injury lawsuit for damages against the person responsible. However, because the victim has passed away, the individual responsible for the injury and death should still be held accountable.
For many years, California did not allow family members to pursue legal action against the person who caused the death of a loved one, which was a perplexing situation where someone could avoid responsibility simply because the victim had died.
Thankfully, the law has changed, and now the person responsible for your loved one’s death can be held accountable in court and sued for wrongful death damages.
Who Can Sue for Wrongful Death in California?
The California wrongful death statute specifies who is eligible to file a wrongful death lawsuit:
- The surviving spouse or domestic partner
- The surviving children
- If there are no immediate survivors, those entitled to the deceased’s property, such as siblings, may file a lawsuit
Additionally, the statute allows certain individuals who were financially dependent on the deceased to bring a wrongful death lawsuit in California. These include:
- The deceased’s putative spouse and any children born to the putative spouse
- Stepchildren of the deceased
- The parents of the deceased
If you’re unsure whether you have the right to file a wrongful death lawsuit, it’s important to consult with an experienced San Diego wrongful death attorney for a free consultation. We can assist you in reviewing your rights and explaining your legal options.
What are Wrongful Death Damages in California?
If the defendant is found responsible for your loved one’s death, you may be entitled to compensation in the form of monetary damages. These damages are meant to compensate survivors for the various losses they’ve suffered.
In California, potential damages include:
- Household services: If your loved one performed household tasks such as cooking, cleaning, child-rearing, or maintenance around the house, you can receive compensation to hire someone to take over these responsibilities.
- Lost anticipated financial support: This is often a significant loss. If your spouse passed away, you were likely relying on their income to support the family. As a child of the deceased, you might have expected continued financial support until you reached adulthood. Compensation can be provided to replace this lost support.
- Intangible losses: These losses may include the loss of affection, guidance, attention, moral support, and love. While these cannot be easily quantified, the jury will use its discretion to determine a fair sum of money to compensate you for these emotional losses.
Additionally, the estate of the deceased can file a claim for specific expenses, such as burial and funeral costs, medical bills related to the final illness, and any lost wages from the time of the injury until death.
Proving these damages can be complex, which is why it’s crucial to have an experienced San Diego wrongful death attorney on your side.
To determine lost financial support, you may need an expert witness to testify about your loved one’s potential earnings, based on their education and experience. To establish the loss of love and affection, you may need to testify personally about the nature of your relationship with the deceased 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
San Diego injury accident attorneys often base their cases on negligence, and this principle is also commonly cited in wrongful death claims. The four key elements of negligence are:
- The at-fault party owed a duty of care to the victim.
- 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 experienced verifiable damages as a result of the death.
In wrongful death cases, we demonstrate the damages suffered by the family with supporting documentation such as copies of medical bills, wage statements, and other relevant records.
Proving Intentional Harm in a Wrongful Death Action
In cases where the victim’s death was caused by violence, demonstrating intentional harm is often the approach we take. In such situations, the defendant may also face criminal charges, but these criminal proceedings are separate from your civil wrongful death lawsuit. To build a civil case for intentional harm, three essential elements must be proven:
- The at-fault party intended to commit the act(s) in question.
- The at-fault party made non-consensual contact with the victim.
- The non-consensual contact directly caused the victim’s death.
Examples of situations where intentional harm may be involved include shooting deaths or instances where someone is deliberately struck or run over by another person’s vehicle.
How a San Diego Wrongful Death Lawyer Can Help You
Having an experienced attorney to represent you offers numerous significant advantages during this challenging time.
As you and your family navigate the stress and grief of losing a loved one, an attorney helps by taking on the legal burdens, allowing you to focus on spending time with your family and managing your personal matters. When you choose the San Diego wrongful death attorneys at Levinson Law Group, here are some of the services we provide:
- We thoroughly investigate and document your claim.
- We assess and calculate the full value of your damages.
- We present the strongest possible case to the insurance company.
- We handle all communication with the insurance company on your behalf.
- We negotiate on your behalf with the insurance company.
- If necessary, we file legal action and advocate for you in court.
We are committed to protecting your legal rights, ensuring that the insurance company does not take advantage of you during your most vulnerable moments. Insurance companies often attempt to extract recorded statements from you, which they can use against you later. They may also try to pressure you into accepting a low settlement offer that doesn’t adequately reflect your damages. We hold the insurance companies to the highest ethical standards, working tirelessly 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.
The process begins by scheduling a no-cost initial consultation with a wrongful death attorney. During this consultation, the attorney will answer your questions and assess whether you have a viable case. If you’re satisfied with the information provided, you can authorize your attorney to proceed with your claim.
Once your case is in the hands of your lawyer and legal team, the typical steps involved 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 are unable to secure a reasonable and timely settlement offer from the insurer, we may recommend pursuing a civil lawsuit. In this 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 imposes a strict two-year deadline for filing a wrongful death lawsuit under its statute of limitations.
This two-year period begins on the date of your loved one’s death.
If you fail to file within this time frame, the defendant can request the judge to dismiss your case, and the judge will almost certainly grant this request. This would result in the defendant being released from liability, and surviving family members would be unable to receive any compensation.
To avoid this outcome, it’s important to act quickly. Contact a San Diego wrongful death attorney today to ensure your case is filed on time.
How Wrongful Death Cases Differ from Criminal Trials
Wrongful death lawsuits have several important differences compared to criminal trials for murder or manslaughter. Here are some key points to consider:
- Criminal prosecution vs. civil lawsuit: In a criminal case, the prosecutor brings the case, whereas in a wrongful death lawsuit, surviving family members bring the case in civil court.
- Burden of proof: Criminal cases require proving guilt beyond a reasonable doubt, which is a higher standard. In a wrongful death lawsuit, the burden of proof is preponderance of the evidence, meaning it must be shown that it is more likely than not that the defendant is responsible for your loved one’s death.
- Consequences for the defendant: In a criminal trial, a defendant convicted of a crime can face jail time, probation, or a criminal record. In a wrongful death lawsuit, the defendant will only be required to pay financial compensation to the surviving family members.
- Criminal conduct vs. civil liability: Some actions may not rise to the level of a criminal offense. For example, ordinary negligence might not lead to a manslaughter charge, but a defendant can still be held liable in a wrongful death lawsuit.
Wrongful death cases can be complex, and family members should not attempt to handle them on their own. It’s essential to reach out to an experienced attorney who can guide you through the process, advise you of your rights, and build a strong case on your behalf.
Contact an Experienced Wrongful Death Lawyer in San Diego, California
After the sudden loss of a loved one, it can be difficult to know where to turn or who to trust. You don’t have to face this alone. Please reach out to us.
At Levinson Law Group, we have assisted many families in bringing wrongful death lawsuits in Carlsbad, San Diego, and the surrounding areas. We understand the unique challenges that these cases present. One of our experienced wrongful death attorneys can meet with you to discuss your case and provide guidance on your available options.
To schedule your free consultation, call us today at (760) 827-1700 or send us an online message. Don’t delay.
