Losing a loved one under circumstances involving someone else’s negligence is devastating, especially when you know that your grief and loss could have been avoided had that party acted more carefully. While you may not be thinking about filing a lawsuit when facing such a devastating loss, pursuing a wrongful death claim may be a way to hold the negligent party responsible and secure compensation to ease the financial burden they have caused. Absent any criminal charges, this may be your one opportunity to seek justice for your fallen loved one.
The San Diego wrongful death lawyers at the Miller & Steele Law Firm work hand in hand with grieving families. Our compassionate legal advocates can help simplify the legal process for you and make it as painless as possible during this difficult time. Reach out today for a dedicated personal injury lawyer in San Diego.
What Is a Wrongful Death?
California law defines a wrongful death as one caused by the wrongful act or neglect of another. If your loved one had had the right to file a personal injury lawsuit had they survived the incident, eligible family members may be able to file a wrongful death claim in the aftermath.
Common Causes of Wrongful Death in San Diego
Motor vehicle accidents are a leading cause of wrongful death in San Diego, including the following:
- Car accidents
- Bus accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
Additional types of personal injury cases that can warrant a wrongful death claim include:
- Dog attacks
- Premises liability accidents
- Slip and fall accidents
- Watercraft accidents
- Summer camp injuries, including drownings
- Defective product accidents
If you’re unsure of whether the cause of your loved one’s death would provide your family with the right to file a wrongful death case, don’t hesitate to contact the San Diego slip and fall attorneys at the Miller & Steele Law Firm.
Who Can File a Wrongful Death Case in San Diego, California?
California law limits who has the right to file a wrongful death case to certain family members. Priority is given to the decedent’s surviving spouse, domestic partner, children, and grandchildren. If none of these parties exist, the heirs at law can file a claim, including the decedent’s parents or siblings. Minors who are financially dependent on the decedent who lived with them for at least half of the year can file a wrongful death claim in California. The decedent’s personal representative could also file this type of legal claim.
Recoverable Damages in a San Diego Wrongful Death Case
The dedicated wrongful death attorneys at the Miller & Steele Law Firm can meet with your family and identify all potential damages we can include in your wrongful death claim. These damages could include compensation for the following:
- The reasonable costs of burial and funeral costs, including costs of cremation, the burial plot, the headstone, the grave marker, the casket, or the urn
- Loss of financial support your loved one would have provided had they survived, including lost wages, benefits, and income
- Loss of your loved one’s services, such as childcare, care for elderly family members, or housekeeping
- Loss of inheritance or gifts that your loved one likely would have provided had they survived, based on your or the decedent’s life expectancy, whichever is shorter
- Loss of consortium and companionship, including loss of:
- Love
- Affection
- Comfort
- Care
- Companionship
- Guidance
- Protection
- Training
- Assistance
- Society
- Sexual relations
- Moral support
In situations in which your loved one initially survived the action but then later succumbed to their injuries, you may be able to file a survival action to seek additional damages, such as medical bills that your loved one incurred before passing away, their lost wages, and pain and suffering.
The Legal Process of Filing a Wrongful Death Claim in California
Many wrongful death cases initially begin with a claim to an insurance company, such as an at-fault driver’s liability insurance provider or a business’s liability insurance. Your San Diego truck accident attorney will need to show that the defendant acted negligently, which means they:
- Owed your loved one a duty of care – The at-fault party had a specific legal duty, such as to obey traffic laws or maintain their property.
- Breached their duty of care – They did something that violated the legal duty of care, such as speeding or failing to put up warning signs.
- Caused your loved one’s death – The defendant’s actions must be the legal and actual cause of your loved one’s death.
- Caused you damages – You must be able to show you are one of the eligible family members who has the right to file this type of case and suffered damages as a result of the death.
Your lawyer can work diligently to secure evidence to prove each of these legal elements. Then, they prepare a demand letter in which they lay out their legal arguments and the amount of compensation you are seeking. If the insurance company refuses to make a fair settlement offer, your lawyer can file a lawsuit and seek justice in court.
What Is the Time Limit to File a Wrongful Death Lawsuit in California?
If you must file a wrongful death lawsuit, you are subject to California’s statute of limitations, which gives you only two years from your loved one’s death to file a lawsuit. While this might seem like a long time, an unexpected death can have a traumatizing effect on you and your family, so this time can run out before you know it. By contacting an experienced San Diego lawyer quickly, you can preserve your legal rights.
Reach Out to Our Dedicated San Diego Wrongful Death Attorneys for a Free and Confidential Consultation
If you tragically lost a loved one due to someone else’s negligence, the legal team at the Miller & Steele Law Firm can help you hold the responsible parties accountable. Our compassionate attorneys can help guide you through the legal process of filing a wrongful death claim. We can handle all legal aspects of your claim so you can focus on your grief and family. Take the first step toward securing justice for your loved one by contacting us today for a free consultation.