If your family member died due to someone else’s negligent or intentional actions, you need a reliable Oceanside wrongful death lawyer on your side. At Sargent Law Firm Injury Lawyers, our compassionate, experienced, and knowledgeable attorneys can assist you in getting the compensation your family needs and deserves.
At Sargent Law Firm Injury Lawyers, our Oceanside personal injury attorneys know what it takes to hold the liable party accountable and get justice for families during their most difficult time. We know how this type of payout can change lives, and we understand why it is so important to your family.
We provide free case consultations for those who believe their loved one died a wrongful death in Oceanside. Call (844) SARGENT now to get started.
Our Oceanside Wrongful Death Attorneys Pursue Fair Compensation for Clients
There is no sum of money that could make the hurt disappear or ease the pain you feel in your grief. However, not having to worry about the financial effects of losing your loved one can provide relief from some of the stress you face. Our wrongful death lawyers in Oceanside can handle your claim or lawsuit while you focus on spending time with your family.
Many people are shocked when they realize how much it costs to lose a loved one in an accident. The expenses and losses add up quickly at a time when the last thing you want to think about is how to pay bills or cover income losses. This is where our team comes in. We can help you identify, document, and seek compensation for your expenses and losses.
There are a variety of damages we claim on behalf of our clients when a wrongful death occurs. These could include the following:
- Emotional Damages: Some immediate relatives of the deceased may collect damages for emotional pain and suffering due to the loss.
- Economic Damages: Economic damages may be owed to the family to make up for the financial support they are no longer receiving from the deceased, usually in the form of lost income.
- Funeral and Burial Costs: The defendant may be required to cover reasonable funeral and burial expenses paid by the family.
- Medical Expenses: We seek money for the medical bills stemming from any care provided to the deceased following their injuries but before their death. When there were life-saving measures attempted, or the victim lived several days or weeks following the accident, these can be extensive.
- Reimbursement for Loss of Services: If the deceased provided a service for the family, such as caring for a child or elderly relative or mowing the lawn, the defendant may have to cover the cost of hiring someone to perform these services for the family.
When we handle a wrongful death case for a client, we identify the family’s expenses and losses. Our wrongful death team documents these damages. We estimate their value and use this to determine what a fair settlement range might be.
Hire an Oceanside Wrongful Death Attorney From Sargent Law Firm Injury Lawyers
If you are looking for a reliable wrongful death lawyer near Oceanside for your case, Sargent Law Firm Injury Lawyers is the ideal choice. Our Oceanside legal team has extensive experience with wrongful death lawsuits and other personal injury claims. We will be there for you every step of the way.
At Sargent Law Firm Injury Lawyers, we are dedicated to helping people recover from the loss of a loved one, both emotionally and financially. Your local law firm, our attorneys provide compassionate support and personalized services to ensure this process is as smooth and stress-free as possible.
Our attorneys understand that the work we do can be life-changing for many clients. We have obtained over $40 million in settlements, judgments, and verdicts for our clients and aim to add your case to this list. You can count on our team to put our hearts into your case—your family deserves it.
We offer free consultations and represent families based on contingency fees. You never have to worry about paying a retainer or tracking hourly charges. Speak to our team as frequently as you need, and let us handle everything for you. Our attorney’s fees are a portion of the payout we recover, and you pay nothing unless we win.
Let Our Oceanside Lawyers Determine If a Wrongful Death Occurred
It is extremely painful to lose a loved one. It’s even more painful if you lose that loved one in an incident that happened because someone else acted carelessly, recklessly, or intentionally. These deaths could have been avoided. They are known as a wrongful death.
A wrongful death is a death that occurs as the result of someone else’s negligence or intentional act. Examples include:
- Car accidents
- Bicycle accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Workplace injury accidents
- Dog bites
- Slip and fall accidents
- Other premises liability accidents
- Intentional acts, such as manslaughter, arson, assault, or murder
Our Oceanside wrongful death attorneys will assess your case facts to determine your options. If we believe there is enough evidence to hold the at-fault party responsible, we will seek compensation for you through an insurance claim or lawsuit.
How Do Our Attorneys Prove a Wrongful Death Claim in Oceanside, CA?
When our wrongful death team pursues compensation for a client, we must show that it is more likely than not that the accused party acted negligently and caused the incident and fatal injuries.
Of note, this burden of proof is much lower than the “beyond a reasonable doubt” used in a criminal case. Because of this, we may be able to hold a party accountable for a wrongful death despite there not being enough evidence to pursue a criminal case against them.
We only need to show the party acted negligently. There are four key elements:
Duty of Care
You must establish that the defendant had a duty of care to the victim. For example, drivers have a duty of care to follow the rules of the road to keep themselves and other drivers safe. Dog owners have a responsibility to follow all applicable leash laws. Property owners owe guests a duty of care to protect them from unreasonable hazards.
Breach of Duty
Once you establish that the defendant had a duty of care to the victim, you must show that the duty was breached. If the at-fault driver breaks the rules of the road and causes an accident, they violate their duty of care. Breach of duty often involves violating a law.
You must have evidence to show that the defendant’s negligent or intentional actions were a direct cause of the accident or incident that caused the victim’s death. For example, violating a traffic law can cause a crash.
There must be evidence to show that the death resulted in emotional and financial losses for the deceased’s relatives.
Most wrongful deaths occur because of negligence. If an intentional act took your loved one’s life, determining the duty of care and breach of duty is not as important. Instead, you need to show their actions and how they injured your loved one. Our attorneys know how to develop these cases regardless of whether the injuries were inflicted accidentally or intentionally.
Our wrongful death lawyers in Oceanside have proven experience gathering the evidence necessary to file an insurance claim or wrongful death lawsuit. Some common types of evidence in these cases include:
- Official reports filed by law enforcement or other officials
- Video of the incident
- Eyewitness interviews
- A scene survey
- Physical evidence, such as the damage to a crashed car
- Relevant medical records
- Paperwork that documents the family’s damages
Our Oceanside Attorneys Know Who Can File Wrongful Death Claim in California
Under California law, only certain family members can take legal action against the negligent party and pursue compensation in a wrongful death case. Our attorneys understand how these laws work and will help your family identify the best party to serve as a plaintiff if we need to sue the liable party.
The family members who can file a wrongful death lawsuit in California, as listed in order of priority, include:
- The Surviving Spouse of the Deceased: The surviving spouse will have priority in filing a wrongful death lawsuit. However, they must still be married and competent to proceed. They also have the right to waive this priority and allow the children or others to sue instead.
- The Decedent’s Surviving Children: These include biological children, fully adopted children, and stepchildren. If the children are minors, a guardian will file a suit on their behalf. If the children are deceased, the grandchildren may file.
- Other Minors Living in the Household: Other minors in the household will be eligible to file a suit if they lived in the household for at least six months and depended on the deceased financially.
- Parents of the Deceased: Parents may file a lawsuit if the deceased was a minor or was unmarried with no children. They could also sue on behalf of any surviving minor children if they are the guardians of those children.
- Other Heirs: If the deceased does not have any surviving immediate family members, other heirs may file the suit. Priority goes to siblings, then nieces and nephews, and grandparents.
- A Personal Representative of the Estate: If there are several family members who wish to file a claim or there are no relatives who qualify, the executor of the estate may be the best option to represent the heirs in a wrongful death case.
Our Oceanside Wrongful Death Lawyers Navigate the Legal Process for Clients
We understand that you do not want to spend months dealing with insurance companies, court, and a fight to hold the at-fault party accountable. Many people tell us they hesitate to call because they do not want to talk about what happened or cannot live their loved one’s death over and over when describing what occurred.
Our compassionate attorneys do everything we can to make this process easy on our clients. We work to document what happened, provide the support you need, and guide this process while you focus on your family.
When we represent a family who lost a loved one in a negligence accident, maximizing the chances of winning their wrongful death case and the compensation they may receive are among our top priorities. You can count on Sargent Law Firm Injury Lawyers to assist with:
- Protecting Your Rights: From the day you sign our contract for us to represent you, we ensure your right to pursue fair compensation and hold the at-fault party accountable remains protected.
- Managing All Communication: We handle all communication with the insurance carrier and other involved parties, so you do not have to worry about any of it.
- Gathering Evidence: We organize key evidence to help you prove your case. This includes police reports, medical reports, witness testimonies, information requests, and more.
- Negotiating a Settlement: Your attorney will negotiate with the defendant’s counsel to get the best possible settlement.
- Litigation: If we are unable to reach a settlement out of court, we may have to take the case to trial. Your Oceanside wrongful death lawyer will fight aggressively and represent your family’s best interests.
- Filing the Lawsuit: Our skilled lawyers will file your lawsuit and manage all necessary administration tasks related to your legal case.
Contact Sargent Law Firm’s Wrongful Death Attorneys in Oceanside Today
Talk to a team member from Sargent Law Firm Injury Lawyers in Oceanside about your wrongful death case today. We provide free, confidential consultations for families who lost a loved one to someone else’s negligence. Let our team assess your options and answer your questions.