Losing a family member in an accident is one of the hardest things you can experience. If you and your loved ones are going through this in San Diego, California, you may be entitled to significant compensation through a wrongful death lawsuit.
Mission Personal Injury Lawyers can guide you through the process with compassionate support. Our San Diego wrongful death attorneys have 43 years of combined experience and have recovered over $150 million for clients. Call us today at (619) 777-5555 for a free consultation.
How Mission Personal Injury Lawyers Can Help With Your Wrongful Death Claim in San Diego, California
Mission Personal Injury Lawyers is a successful law firm in San Diego, CA, consistently winning cases for our clients.
Our San Diego personal injury attorneys can help you by:
- Investigating the accident internally
- Collecting evidence
- Identifying the responsible parties
- Calculating your family’s losses, both financial and personal
- Handling insurance company communications
- Negotiating on your behalf
- Filing a lawsuit if necessary
We’ll be prepared to fight for you no matter what it takes. Contact our San Diego wrongful death lawyers today for a free consultation to get started, and learn about the steps required to file this type of claim below.
Step 1: Determine Who Can Take Legal Action
Under California Code of Civil Procedure § 377.60, only certain people can file a wrongful death claim. Being related to the deceased doesn’t automatically make you eligible.
People who may have the right to file include:
- A surviving spouse or registered domestic partner
- The deceased person’s children
- Certain other heirs, if there are no surviving children
- Qualifying stepchildren or parents who depended on the deceased for support
A personal representative can also file on behalf of eligible relatives. Since these claims generally must be handled together, it’s important to confirm who can take part.
Step 2: Investigate the Accident and Gather Evidence
To recover compensation, you must generally show that someone else’s wrongful conduct caused the death. This starts with finding out exactly what happened and who may have been at fault.
Evidence that may support your claim includes:
- Police reports
- Statements from witnesses
- Photographs and video footage
- Medical records
- Records showing unsafe conduct
The evidence can help establish who was liable. Depending on the circumstances, more than one party may share fault, which could open the door to more compensation.
Step 3: Calculate the Losses Your Family Has Suffered
It goes without saying that no amount of money can replace your loved one. Still, California allows eligible relatives to seek damages for the support they’ve lost.
A wrongful death claim may include compensation for:
- Lost financial support
- Funeral and burial expenses
- The value of lost household services
- Loss of love and companionship
- Loss of guidance that the person would have provided
- Loss of consortium
A separate survival action may cover certain losses your loved one suffered before death. Our wrongful death attorneys in California can explain whether both claims are available and how they differ.
Step 4: File the Claim and Negotiate a Settlement
After reviewing the evidence, we may send a demand letter to the responsible party’s insurer. This document explains what happened and the compensation your family is seeking.
The insurer may deny the claim or make a low offer. Our lawyers can then negotiate on your behalf and respond to unfair accusations. A settlement can end the case without a trial, but a final agreement generally prevents you from bringing the same claim again.
Step 5: Take the Case to Court if Necessary
If a fair settlement isn’t offered, we may file a lawsuit in San Diego County. This gives us access to discovery, which could unearth helpful proof for your case.
We may request documents and question witnesses under oath during this process, for instance. Negotiations can continue as well, so your case could still settle before reaching trial. If no agreement can be reached, we can present the available evidence and ask a jury to decide.
How Long Do You Have to File a Wrongful Death Lawsuit in San Diego?
California generally gives families two years from the date of death to file a wrongful death lawsuit. Missing that statute of limitations may prevent you from recovering compensation.
Some cases have shorter deadlines. Claims against government agencies often require notice within six months, while medical malpractice cases have special rules. It’s best to confirm your deadline with an attorney as soon as possible.
Schedule a Free Consultation With Our San Diego Wrongful Death Lawyers
A wrongful death claim can feel impossible to pursue when you’re grieving. Mission Personal Injury Lawyers can handle the legal process while you focus on your family and will do everything we can to maximize the value of your case.
Reach out to our San Diego wrongful death attorneys today for a free consultation.