Available 24/7
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 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.
Our Attorneys Pursue Justice for Families
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 lawyers can handle your wrongful death 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 various 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 team documents these damages. We estimate their value and use this to determine what a fair settlement range might be.
Hire an Attorney From Sargent Law Firm
If you are looking for a reliable wrongful death lawyer near Oceanside for your case, Sargent Law Firm is the ideal choice. Our legal team has 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, 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 Lawyers Prove Wrongful Death
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 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.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Call Us NowHow Do Our Attorneys Prove a Wrongful Death Claim?
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.
Causation
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.
Harm
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 lawyers have 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
- Photographs
- A scene survey
- Physical evidence, such as the damage to a crashed car
- Relevant medical records
- Paperwork that documents the family’s damages
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationWho Can File a 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 Lawyers Navigate the Legal Process for You
We understand that you do not want to spend months dealing with insurance companies, the 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 possible to make this process easy for our clients. We work to document what happened, provide the support you need, and guide this process while you focus on your family. You can count on Sargent Law Firm 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 lawyers will file your lawsuit and manage all necessary administrative tasks related to your legal case.
Contact Sargent Law Firm’s Wrongful Death Attorneys Today
Talk to a team member from Sargent Law Firm 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.
Contact our team today for a free consultation to discuss how a wrongful death lawyer can help you. We have someone available to take your call 24/7.
Wrongful Death Claim FAQs
Get clear answers to common questions about wrongful death claims. Our lawyers explain your rights and the claims process.
How long does a wrongful death lawsuit take?
The duration of a wrongful death lawsuit can vary depending on the case’s complexity, the number of parties involved, and whether the case settles or proceeds to trial. Some claims may resolve in several months, while others—particularly those involving disputed liability or high damages—can take a year or longer. Our legal team at Sargent Law Firm will work diligently to move your case forward while keeping you informed and supported throughout the process.
Will a wrongful death case go to trial?
Not all wrongful death cases go to trial. Many are resolved through negotiations or mediation before reaching the courtroom. However, if the responsible party or their insurance company refuses to offer fair compensation, a trial may become necessary. Our wrongful death lawyers at Sargent Law Firm are fully prepared to take your case to court if needed. We will fight for accountability and the compensation your family deserves while offering compassionate legal support every step of the way.
How can a wrongful death lawyer help my family?
A wrongful death lawyer plays a crucial role in helping your family seek justice and financial support after a tragic loss. At Sargent Law Firm, our lawyers handle all legal aspects of your case, from investigating the cause of death to identifying liable parties, calculating damages, and dealing with insurance companies. We understand how emotionally challenging these cases can be and are here to provide trusted guidance, compassionate service, and strong legal advocacy on your family’s behalf.
