Have you lost a family member because of someone else’s negligence or wrongdoing in Chula Vista, California? You may be entitled to file a wrongful death claim and pursue compensation. Call Mission Personal Injury Lawyers at (619) 722-3032 to help you through this difficult process with compassionate guidance and proven legal skill.
Our Chula Vista wrongful death lawyers have over 43 years of combined experience and have recovered tens of millions of dollars for injury victims and their families. We understand how devastating a loss like this can be, and we will stand by your side while working to secure the full compensation available under California law.
Contact our law offices today to schedule a free consultation with our Chula Vista wrongful death attorneys to get started.
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Why Choose Mission Personal Injury Lawyers to Help with My Family’s Wrongful Death Claim in Chula Vista, CA?
Mission Personal Injury Lawyers is a top-rated law firm serving Chula Vista, CA. We are experienced trial lawyers with a 99% track record of success for our clients.
When you hire our Chula Vista personal injury lawyers to handle your wrongful death claim, we will stop at nothing to recover the compensation your family needs and deserves. For starters, we won’t hesitate to take your case to court if that’s in your best interest.
We have a vast network of resources we can leverage on your behalf, including established relationships with some of the best experts in the industry. We’re confident our Chula Vista personal injury attorneys can help you make the most of your claim, and we’ll treat your case with the utmost care throughout the process.
Contact our office in Chula Vista today to set up a free consultation.
What Is Considered Wrongful Death Under California Law?
In California, a wrongful death occurs when a person dies due to another party’s negligent, reckless, or intentional actions. California law allows certain surviving family members to file a wrongful death lawsuit to recover damages for their losses.
Some common types of incidents that may lead to a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability incidents
- Acts of violence or assault
Wrongful death claims are civil matters and are separate from any criminal charges the responsible party might face. Even if there is a criminal case, you can pursue a wrongful death lawsuit independently in civil court.
You can also win your civil case regardless of how any related criminal proceedings play out, as the burden of proof is easier to meet.
Who Can File a Wrongful Death Claim in California?
California law specifies which parties are generally eligible to file a wrongful death lawsuit, including:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s surviving children
- If there is no surviving spouse, partner, or children, other heirs such as the deceased person’s parents or siblings may be able to file a claim
Additionally, anyone who can demonstrate that they were financially dependent on the deceased may also have standing to bring a wrongful death claim. If you are unsure whether you qualify, contact our Chula Vista wrongful death lawyers for a free consultation.
How Much Is My Chula Vista Wrongful Death Case Worth?
Every wrongful death case is unique, and many factors will influence the value of your claim. Our legal team will conduct a thorough evaluation to determine the full scope of damages you may be entitled to recover.
Some of the factors we will consider include:
- The deceased’s age, health, and life expectancy
- The deceased’s income and earning potential
- The value of lost benefits, such as retirement or health insurance
- The financial and emotional support the deceased provided to their family
- The circumstances of the accident
- Whether the at-fault party’s conduct was particularly egregious
While no amount of money can ever make up for the loss of your loved one, a fair settlement or court award can help provide financial security and a sense of justice for your family. We will fight tirelessly to recover every dollar you are entitled to under the law.
What Damages Can I Recover By Filing a Wrongful Death Claim?
California wrongful death law allows eligible family members to pursue various types of compensation, known as damages. These damages aim to address both the financial impact and the emotional toll of your loss.
There are two main categories of damages in wrongful death cases: economic and non-economic.
Economic damages cover the tangible financial losses suffered by surviving family members and can include:
- Loss of the deceased’s income and earning capacity
- Loss of benefits, such as health insurance or retirement contributions
- Funeral and burial expenses
- Loss of household services that the deceased provided
Non-economic damages are awarded for intangible losses that are harder to quantify, such as:
- Loss of companionship and love
- Loss of care, comfort, and guidance
- Pain and suffering
California law generally doesn’t allow for punitive damages awards in wrongful death cases, though it does in related survival actions. A Chula Vista wrongful death attorney can help you determine which damages may be available in your case.
How Does Shared Fault Impact a Wrongful Death Claim in California?
California follows a pure comparative negligence rule when it comes to shared fault in wrongful death cases. It means that if your loved one was partially at fault for the accident that caused their death, it may not automatically prevent you from recovering damages.
However, your compensation may be reduced in proportion to their level of fault. For example, if your family member was found to be 20% at fault, the damages you recover would typically be reduced by 20%.
Insurance companies often try to shift blame onto the victim to limit their financial liability. Our skilled Chula Vista wrongful death lawyers will work to counter these tactics and protect the value of your claim.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Chula Vista?
At Mission Personal Injury Lawyers, we understand that losing a loved one can create significant financial hardship. You should never have to worry about how to pay for legal representation during this difficult time.
That is why our Chula Vista wrongful death attorneys work on a contingency fee basis. This means you only owe attorney’s fees if we successfully recover compensation for you. You can also hire us without paying anything upfront.
If we obtain a settlement or court award on your behalf, our fee is typically a percentage that comes out of the compensation recovered. We will discuss this with you in detail and put everything in writing before starting work on your case.
Who Could Be Liable for My Loved One’s Wrongful Death in Chula Vista?
Liability for a wrongful death can fall on many different parties, depending on how the fatal accident occurred. Under California law, you can generally pursue compensation from anyone whose negligent, reckless, or intentional actions contributed to your family member’s death.
Some examples of potentially liable parties include:
- A negligent driver who caused a fatal car accident
- A trucking company that failed to maintain its vehicles or hire qualified drivers
- A property owner who failed to fix a dangerous condition on their premises
- A product manufacturer that sold a defective or dangerous product
- A healthcare provider whose negligence led to medical malpractice
- An employer who is responsible for unsafe working conditions
- A criminal offender whose intentional acts resulted in death
Determining liability in a wrongful death case can be complex and often requires a thorough investigation. Our Chula Vista wrongful death attorneys will work diligently to identify all responsible parties and hold them accountable.
What Is the Time Limit To File a Wrongful Death Lawsuit in California?
California has a strict deadline, known as the statute of limitations, for filing wrongful death lawsuits. In most cases, you typically have two years from the date of your loved one’s death to file a lawsuit in civil court.
If you miss this deadline, you may lose your right to pursue compensation entirely. While there are limited exceptions that can extend the filing period, they apply only in rare circumstances.
It is important to speak with a knowledgeable Chula Vista wrongful death lawyer as soon as possible. This ensures that your case is properly investigated and filed on time.
Contact Our Chula Vista Wrongful Death Lawyers for a Free Consultation
Have you lost a loved one due to someone else’s actions in Chula Vista, California? You may have the right to pursue a wrongful death claim and obtain compensation for your family’s losses. Mission Personal Injury Lawyers is here to help you navigate this challenging time.
Our experienced Chula Vista wrongful death lawyers will treat your case with compassion and respect. We will work tirelessly to hold the responsible parties accountable and fight for the justice your family deserves.
Contact us today to schedule a completely free initial consultation.
