Did you lose a loved one in a fatal accident in Carlsbad, CA? You may be entitled to compensation for funeral expenses, loss of financial support, and your pain and suffering. An experienced Carlsbad wrongful death lawyer at Mission Personal Injury Lawyers can help you fight to protect your family’s financial security.
We’ve worked hard to earn our reputation for compassionate, knowledgeable legal advice. Indeed, we’ve recovered tens of millions of dollars in compensation for accident victims and their families.
Are you wondering where to turn for help after losing a family member? Look no further. Call our law offices in Carlsbad, California, to schedule a free consultation today.
How Mission Personal Injury Lawyers Can Help With a Wrongful Death Claim in Carlsbad
You’ve already suffered an unimaginable loss. Now, the insurance company may be giving you the runaround–and the last thing you need is a lengthy legal battle. On the other hand, securing fair compensation is often the only way to get justice and hold the responsible parties accountable.
You can count on our Carlsbad personal injury lawyers at Mission Personal Injury Lawyers Our lawyers enjoy a 99% success rate and have over 43 years of experience handling personal injury cases. Our attorneys have been listed as Super Lawyers, Rising Stars, and Best of the Bar.
You can trust our lawyers to:
- Launch a detailed investigation into your loved one’s accident
- Find out what caused the death
- Locate all responsible parties
- Assess your case value
- Hire experts and specialists to support your claim
- Handle all insurance negotiations and paperwork
Insurance companies tend to fight harder to avoid liability in wrongful death cases. That’s because your case value will usually be higher than if your loved one had survived. Our Carlsbad personal injury attorneys will do everything possible to get your family the fair compensation you need.
Ready to learn more? Call for a free consultation today.
What is Wrongful Death?
Wrongful death is any type of death that results from another person’s negligent, reckless or wrongful acts.
Unfortunately, fatal accidents are all-too-common in the state of California. Statewide, 3,606 people died in motor vehicle accidents in 2019. 1,066 of those fatalities occurred in drunk driving accidents.
376 California workers lost their lives on the job in a single year.
These deaths don’t usually happen because someone intended to kill another person. Instead, they occur because of negligence. The responsible parties typically won’t face criminal charges. Instead, surviving family members are entitled to file a lawsuit in civil court to get justice.
Who is Entitled to File a Lawsuit for Wrongful Death in Carlsbad, CA?
California wrongful death laws limit the survivors who can file an action for wrongful death. The following family members are entitled to file a lawsuit to seek compensation:
- Surviving spouses
- Domestic partners
- Grandchildren, but only if the victim’s children were deceased
Even if you don’t fall into one of these categories, you may be entitled to sue for damages if you can prove that you depended on the victim for financial support. Call our law firm to learn more about your legal options if you were the deceased person’s:
- Putative spouse, meaning that you believed the deceased person was your lawful spouse
You may also be entitled to damages if none of these parties exist. That’s true if you would otherwise be entitled to inherit from the victim under California intestate succession laws.
What is My Carlsbad Wrongful Death Case Worth?
The value of any wrongful death claim depends on the unique facts of your case. Our lawyers will examine all relevant factors, including:
- The nature of your loved one’s accident
- The physical pain your loved one endured
- Your family’s emotional suffering
- Your loved one’s age, life expectancy, and future earning potential
- The age and financial circumstances of surviving dependents
- Your out-of-pocket costs and medical bills
Don’t let the insurance company decide how much your loss is worth. Call our attorneys in Carlsbad to learn more about how we can fight for the maximum compensation you deserve.
What Types of Damages Are Available Families of Fatal Accident Victims?
If you recently lost a loved one, you’re entitled to be reimbursed for all out-of-pocket costs related to your loved one’s accident and fatal injuries. These economic damages typically include:
- Medical expenses from the date of the accident to the date of death
- Lost wages and income
- Funeral expenses
- Loss of financial support
- Loss of household services
- Property damage
You can also receive financial compensation for your non-financial losses. Under California law, you’re entitled to receive the “value of your intangible losses.” These non-economic damages may include:
- Loss of your loved one’s company and guidance
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Anxiety, depression, and PTSD
- Loss of consortium
If the responsible party’s acts were intentional or especially shocking, courts may also award punitive damages solely to punish the defendant.
Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in California?
Insurance companies go to great lengths in cases involving personal injury laws to avoid paying everything that victims deserve. Since your loved one isn’t around to defend themselves, the insurance company may try to blame them for causing the accident.
In reality, it’s possible that your loved one did contribute to the cause of the accident. But you don’t have to let the insurance company’s allegations scare you.
Under California’s pure comparative negligence laws, financial liability is allocated among everyone who played a role in the accident. Each party is assigned a percentage of fault. If your loved one was partly responsible, your settlement can be reduced in proportion to their percentage of fault.
In other words, you can recover damages as long as your loved one wasn’t solely responsible for the accident.
You may not know exactly what happened to cause your loved one’s death. An experienced personal injury lawyer can help you navigate California’s contributory fault rules. Just call Mission Personal Injury Lawyers for a free case evaluation today.
What Causes Most Fatal Accidents in Carlsbad, California?
Any type of serious accident can be fatal. At Mission Personal Injury Lawyers, our Carlsbad wrongful death attorneys often handle cases involving:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Exposure to toxic substances
- Fires and explosions
- Negligent property owners
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
- Assault, sexual assault, and other violent crimes
To recover the maximum compensation possible, it’s necessary to identify everyone who shares fault in your case. Our lawyers can help. Just give us a call to schedule a free case review today.
How Do I Prove Negligence After a Fatal Accident in California?
Most personal injury claims are based on negligence. The same is true in wrongful death cases. You’ll have to prove a few different elements to establish negligence under California state law.
- Identifying the responsible party who owed your loved one a legal duty of care
- Establishing a breach of duty
- Proving causation
- Identifying the damages you suffered
The insurance company will want to see evidence to prove liability. That evidence can come in many different forms. Our lawyers are experienced in gathering the types of evidence that insurance companies take seriously.
That might include:
- Eyewitness statements
- Video surveillance footage
- Police and accident reports
- Cell phone records
- Toxicology results
- Information from medical records
- Doctors’ opinions
- Expert witness testimony
You shouldn’t have to handle this type of investigation on your own. If you lost a loved one due to someone else’s negligence, call our lawyers in Carlsbad for help today. We’ll start our investigation immediately to build the strongest case for compensation possible.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in California?
It can be difficult to think about starting a legal battle if you’ve recently suffered the loss of a loved one. However, you only have a limited time to take legal action. Under the California statute of limitations in wrongful death cases, you have to file a lawsuit within two years of your loved one’s death.
If your loved one’s death was caused by medical negligence, you’ll have three years to file a medical malpractice-based lawsuit.
Missing the deadline always has serious consequences. Most of the time, you’ll simply lose your right to seek compensation entirely. If you have questions about the time limits or your case, call our law group to schedule a free initial consultation right away.
Contact a Carlsbad Wrongful Death Lawyer for a Free Consultation
We know your family is grieving the loss of a loved one. Our lawyers at Mission Personal Injury Lawyers are here to handle every aspect of your legal.