Wrongful Death Attorneys in San Diego, California
The death of a loved one is full of complicated emotions and is overwhelming, especially if it occurred due to another person's wrongful actions. Fortunately, California laws allow survivors of wrongful death victims to seek benefits for their loved one's death. If you have lost someone close to you due to another person's reckless or wrongful act, you're within your rights to pursue financial compensation.
At the Law Offices of Barry Pasternack, we understand how difficult such an unfortunate incident can be for you and your other family members. Our highly-skilled California personal injury attorneys are ready and poised to help you hold those responsible for your loved one's death accountable. As your legal counsel, our goal is to protect your legal rights, as well as help you pursue the maximum possible compensation for your loss.
The Law Offices of Barry Pasternack proudly serve clients across San Diego, California, as well as Oceanside, Ramona, National City, Imperial County, El Cajon, Chula Vista, and Julian.
Reasons to Pursue a Wrongful Death Claim
A wrongful death claim is a civil action that may be brought against someone who negligently or wrongfully causes another person's death. Although a wrongful death claim cannot bring back the person that you lost, there are many reasons to file, including pursuing financial compensation, seeking justice, and protecting others against future incidents.
Filing a wrongful death claim allows the decedent's surviving loved ones to recover reasonable financial compensation to help cover outstanding medical bills, burial or funeral expenses, and lost wages.
Justice for Survivors
In addition, survivors can seek justice for their deceased loved one by filing a wrongful death claim. This will help hold the negligent party liable for their recklessness, wrongful actions, or willful misconduct.
Deterrence Against Future Offenses
Importantly, filing a wrongful death action can help hold the negligent party accountable and prevent such an avoidable or unfortunate incident from happening to another family or individual. In addition, this can help warn others about the possible consequences and implications of their reckless actions.
Although, no amount of financial compensation may be enough to bring back the deceased person. Nonetheless, their surviving loved ones can get deserved justice and the much-needed financial support after such an unexpected loss by filing a wrongful death claim.
What Constitutes Wrongful Death?
According to California law, a wrongful death claim may be brought when a person's death is caused by the legal fault or misconduct of another person or entity, including intentional acts, medical malpractice, and negligence-based incidents.
Statute of Limitations
Additionally, California’s wrongful death statute of limitations is two years from the date of the death. This means that a wrongful death action must be commenced within two years from the date the death occurred.
Who Can File?
Under California law, any of the following parties may be eligible to file a wrongful death claim:
The surviving spouse or domestic partner of the decedent.
The surviving children of the decedent.
The decedent's surviving grandchildren.
Any person who would inherit from the decedent's estate by intestate succession.
Any individual who was financially dependent on the decedent.
If you have lost a family member to another person's negligent actions, you should reach out to a seasoned personal injury attorney immediately.
What You Need to Prove
However, to establish a wrongful death claim in California, the plaintiff must prove that:
the defendant owed a legal duty of care to the victim;
the liable party breached the expected duty of care;
a death occurred;
the breach caused the accident or injuries, which led to the victim's death; and,
the surviving loved ones suffered actual damages from the death.
An experienced California wrongful death attorney can help file your claims, seek to establish liability, and help you recover your rightful financial compensation.
There are many reasons and benefits to filing a wrongful death claim, many of which can not only benefit survivors but also future individuals that could become victims of a repeated offense. When a loved one loses someone due to another’s negligence, they deserve the opportunity to receive damages, which can help them move forward after the tragedy.
The following damages may be recovered by filing a wrongful death claim in California:
medical expenses accrued before the victim's death
burial and funeral expenses
lost income and other benefits
loss of love or companionship
loss of care, guidance, support, or counsel
lost earning capacity
lost household services
loss of the decedent's guidance
loss of consortium
loss of sexual relations
loss of financial support, gifts, or benefits
punitive damages to further punish the liable party for their malicious or incredibly reckless behavior
Losing a loved one is never easy. But, you can take important steps to move forward after the tragedy. A practiced lawyer can represent your family's best interests and help you pursue the maximum available damages for your loss.
Work With an Experienced Personal Injury Attorney
Losing a family member can be a really heartbreaking experience and might affect your mental and financial health. Nonetheless, you should never have to go through the pain and financial liability all alone. Hence, if you have lost a loved one in a negligent accident, retaining an experienced personal injury attorney is imperative to protect your legal rights and help you pursue deserved compensation.
At the Law Offices of Barry Pasternack, we're dedicated to offering personalized attention and skilled representation to clients in their wrongful death claims. Our reliable legal team can evaluate and investigate every detail of your unique situation and explore your options to pursue damages. In addition, we will fight compassionately for your loved one's rights and help you seek the financial justice you're entitled to.
Wrongful Death Attorneys Serving
San Diego, California
Don’t face this alone—contact us at the Law Offices of Barry Pasternack to schedule a simple case evaluation. Our skilled lawyers can team can walk you through the complex procedures involved in filing wrongful death claims and seeking damages. We proudly serve clients across San Diego, Oceanside, Ramona, National City, Imperial County, El Cajon, Chula Vista, and Julian, California.