If you recently lost a loved one in an accident in San Diego, CA. Mission Personal Injury Lawyers can help you get the justice and compensation you deserve. Call us at (619)777-5555 for a free consultation with one of our San Diego wrongful death lawyers.
Our lawyers have been dedicated to helping clients overcome the challenges caused by serious accidents for nearly three decades.
We’re here to help your family through the financial difficulties caused by someone else’s negligence. To make things easier, we offer a free consultation.
That way, we can sit down and discuss your options–with no strings attached. Contact our law offices in San Diego, California, today to arrange your free consultation.
How Mission Personal Injury Lawyers Can Help After the Wrongful Death of a Loved One in San Diego, CA
Thousands of people lose their lives in accidents across California every year. If you’re among them, we know that you’ve suffered an unimaginable loss. At Mission Personal Injury Lawyers, our primary goal is to help reduce the burden you’re now faced with.
Our San Diego personal injury attorneys are passionate about getting justice for accident victims. With over 25 years of experience serving San Diego, we know what it takes to hold negligent parties financially accountable for their actions.
We know we can never lessen the pain of a tragic death. However, we can help you get money in your pocket. That way, you can focus on your family rather than worrying about how you’ll make ends meet.
When you choose our lawyers to protect your interests, you can trust that we will:
- Conduct a detailed investigation to find out what caused your loved one’s death
- Fight to hold every party who shared in the blame responsible
- Fight back when the insurance company tries to pin the blame on your loved one
- Negotiate to get every dollar you deserve
Recovering fair financial compensation from the parties responsible for your loss can give your family a little bit of peace. If you’re interested in learning more about how our San Diego personal injury lawyers can help, call for a free consultation today.
What is My San Diego Wrongful Death Case Worth?
Like any personal injury claim, the value of your wrongful death lawsuit will depend upon a number of different factors.
Courts and insurance companies tend to consider:
- The victim’s age at the time of death
- The victim’s income level and future earning capacity
- The overall health of the victim prior to the accident and injury
- The overall trauma of the experience, both to the victim and the family
- Medical bills incurred from the date of the accident to the date of death
In most cases, the surviving family will be entitled to a higher settlement if the victim was relatively young and healthy. However, there are many factors that could persuade the insurance company to award a higher amount.
At Mission Personal Injury Lawyers, we’re here to help you fight for what’s fair. We’ll put the full weight of our experience and resources behind your case. Often, we’ll hire experts who can help us put a fair dollar value on your case.
When you’re ready to take the next step, call our law firm to arrange a free consultation.
Who Can File a Wrongful Death Lawsuit in California?
The California Civil Procedure Code lists the categories of individuals who can sue for wrongful death. Under Cal. Civ. Pro. Code §377.60, the following close family members can file a lawsuit for compensation:
- A surviving spouse
- A domestic partner
- Grandchildren, if the victim’s children were deceased
Other family members might also be entitled to file a claim for compensation. However, they’ll have to prove that they depended upon the deceased person for financial support or suffered some other type of financial loss because of the death.
These family members include:
- A putative spouse (someone who believed their marriage to the deceased person was valid)
Sometimes, none of these named family members exist. If that’s the case, anyone entitled to take possession of the deceased person’s property under California intestate laws can file a wrongful death lawsuit.
What Types of Damages Are Available to Surviving Family Members in Wrongful Death Cases?
Most grieving families are entitled to compensatory damages for out-of-pocket expenses, also called economic damages. They’re also entitled to receive the “value” of their intangible losses, which are sometimes called non-economic damages.
Most families receive compensation for:
- Medical expenses
- Funeral expenses
- Lost financial support
- Loss of any household services
- Loss of consortium
- Loss of love and affection
Sometimes, the defendant’s actions are so shocking that surviving family members are entitled to punitive damages. These damages are rarely awarded. When they are, they’re meant solely to punish the person responsible for the accident.
Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in California?
Insurance companies will do whatever it takes to reduce their own financial liability. As wrong as it seems, that even includes blaming victims for the accident that caused their death.
Your loved one can’t defend themselves. Despite this, under California law, your compensation award can be reduced if the responsible party successfully manages to pin some of the blame on your loved one.
California follows a pure comparative negligence system. Under state law, liability for damages is divided between all parties who share in the blame. If the victim was partially at fault, he or she can also be held accountable in proportion to their share of blame.
You’ve already lost a loved one. You deserve to have an experienced lawyer in your corner to fight back when the at-fault party tries to avoid taking responsibility. Our team at Mission Personal injury Lawyers, P.C. will do everything we can to minimize the impact of the shared fault rules–so that your family can get the fair compensation you deserve.
We Handle All Wrongful Death Cases in San Diego, California
At Mission Personal Injury Lawyers, our San Diego wrongful death attorneys handle all types of wrongful death cases, including those involving:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Commercial truck accidents
- Boating accidents
- Bus accidents
- Train accidents
- Uber or Lyft accidents
- Bicycle accidents
- Slip and fall accidents
- Premises liability
- Dog bites and animal attacks
- Defective products
- Fires and explosions
- Exposure to toxic substances
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse and neglect
- Amusement park accidents
- Aviation accidents
- Criminal acts
If your life was changed forever because someone else was careless, you shouldn’t have to shoulder the financial burden alone. Call Mission Personal injury Lawyers, P.C. today to get trusted legal advice that you can count on.
How Do I Prove Negligence After a Fatal Accident in California?
Most wrongful death victims are killed in some type of traumatic accident. Usually, accidents happen because someone was negligent–or, in plain English, careless. While the person responsible might also face charges in a criminal case, you’ll have to prove negligence to recover compensation in civil court.
From a legal standpoint, you have to prove four elements to establish negligence, including:
- A duty of care between the defendant and deceased person
- The defendant’s careless or reckless (or intentional) actions breached that duty
- The breach directly caused the victim’s death
- You’ve experienced damages
There are many ways we can find the proof needed to support a negligence claim.
Depending on the type of accident, our attorneys might rely upon:
- Eyewitness testimony
- Video surveillance footage
- Police and accident reports
- Medical records and lab results
- Cell phone records
- A prior history of safety violations
- Expert witness testimony
There’s no exact science behind proving negligence. Every case is different. That’s why our San Diego wrongful death attorneys at Mission Personal injury Lawyers, P.C. always conduct the full investigation that your family deserves.
We’re ready to get started when you are. All you have to do is call to schedule your free case evaluation.
How Long Do I Have to File a Wrongful Death Lawsuit in California?
When you’ve lost a loved one, it might take months before you’re ready to think about your legal rights. However, California state law imposes a deadline for filing a wrongful death lawsuit. Surviving family members are usually required to take the first steps within two years of the date of death.
If the death was caused by medical malpractice, you have a little more time to act. The statute of limitations for medical malpractice cases is three years.
If you miss the deadline, you almost always lose your right to compensation entirely. And remember, you could have even less time depending upon the unique circumstances of your case. If you have questions about preserving your right to sue, give us a quick call today.
Contact a San Diego Wrongful Death Lawyer for a Free Consultation
Mission Personal injury Lawyers, P.C. has been helping grieving family members get justice for more than 25 years. If you’re struggling or have questions about your rights, it’s never too early to ask for help filing a wrongful death claim. Call an experienced San Diego wrongful death lawyer for a free case review today.