It’s extremely painful to lose a loved one. It’s even more painful if you lose that loved one in an incident that could have been avoided. These types of losses are known as a wrongful death.
If a family member dies due to someone else’s negligent or intentional actions, you need a reliable Oceanside wrongful death lawyer on your side. They will assist you in getting covered for your damages. They will help you get the closure you need.
The Sargent Law Firm is a group of Oceanside wrongful death attorneys that will help you get the compensation you require. Read on to find out how we can help you win your case.
What is a Wrongful Death?
A wrongful death is a death that occurs as the result of someone else’s negligence or intentional act. Examples include:
- Medical malpractice
- Defective products
- Car accidents and other types of road accidents
- Boating accidents
- Workplace accidents
- Dog bites
- Other intentional acts of harm
What are the Elements of a Wrongful Death Claim in California?
For a lawsuit to be considered a wrongful death claim, it must have three elements as follows:
An accident or intentional act
You must first prove that the death was caused by an accident or an intentional act. Examples of an accident include road accidents and workplace accidents, and examples of an intentional act include arson and murder.
In the case of an accident, you must prove that the death was caused by the defendant’s negligence. You must establish that the defendant had a duty of care to the victim and that the duty was breached. For example, drivers have a duty of care to follow the rules of the road to keep themselves and other drivers safe. If they break the rules of the road, and cause an accident, they have shown negligence in violating that duty of care.
The final step will be establishing that the defendant’s negligent or intentional actions were a direct cause of the death and that the death resulted in emotional and financial losses for the deceased’s relatives.
Our wrongful death lawyers in Oceanside have proven experience gathering the evidence necessary to file your wrongful death lawsuit.
What Kind of Damages Can Be Claimed in a Wrongful Death Lawsuit?
There are a variety of damages that can be claimed when a wrongful death occurs. These include the following:
- Emotional damages: 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 that are no longer receiving from the deceased.
- Funeral and burial costs: The defendant may be required to cover funeral and burial cost expenses.
- Medical expenses: Medical expenses may be reimbursed to cover the care provided to the deceased to attempt to save his or her life.
- Reimbursement for 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 come in and perform these services for the family.
Who Can File a Wrongful Death Claim in Oceanside?
Here are the family members who can file a wrongful death lawsuit in California listed in order of priority:
- The surviving spouse of the deceased: The surviving spouse will have priority in filing a wrongful death lawsuit. However, they must be legally competent to proceed. They also have the right to waive that priority.
- 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.
- Other heirs: If the deceased does not have any surviving family members, other heirs may file the suit. Priority goes to parents, then siblings, nieces and nephews, and grandparents.
- A personal representative of the estate: If there are several family members who wish to file a claim, a lawyer may be appointed to file a class action suit on behalf of all parties.
What an Oceanside Wrongful Death Accident Law Firm Can Do for You
Maximizing the chances of winning your wrongful death case and the compensation you may receive are among our top priorities. Sargent Law Firm assists with:
- Filing the Lawsuit: Our skilled lawyers will file your lawsuit and set up the trial date in the court system. We will ensure that all requirements are met in the filing process.
- Gathering Evidence: We organize key pieces of evidence to help you prove your case. These include 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 you are unable to reach a settlement out of court, you may have to take the case to trial. Your Oceanside wrongful death lawyer will fight aggressively and see to it that the verdict is in your favor.
Why Choose Sargent Law Firm’s Wrongful Death Attorneys?
If you are looking for a reliable wrongful death lawyer near Oceanside for your case, Sargent Law Firm is the ideal choice.
Sargent has extensive experience with wrongful death lawsuits and other personal injury claims. We will be there for you every step of the way, from filing your suit to gathering strong pieces of evidence to getting the best outcome for your case.
A wrongful death is an extremely painful experience for the relatives the deceased leaves behind. We will provide the impassioned representation to help you begin to find closure. Contact Sargent Law Firm in Oceanside about your wrongful death case today.