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The tragedy of losing a loved one is difficult to overstate. Many families have to cope with the emotional pain of their loss while simultaneously dealing with the financial burdens that accompany wrongful deaths.
Often, families involved in wrongful death cases suffer great financial losses, both immediately and in the future. These losses can include the deceased’s medical care, burial costs, and lost future earnings. The pain and suffering the surviving family members endure are incalculable.
When someone’s negligent, reckless, or criminal action causes the death of another, the deceased’s surviving family can sue the person responsible. If your family has suffered such a loss, contact a San Diego wrongful death lawyer today. Your experienced injury attorney can pursue justice for you and your loved one in court. To learn more about filing a wrongful death lawsuit, read the information below. Then, call Sargent Law Firm to discuss your claim.
What Constitutes a Wrongful Death
Wrongful deaths often occur as the result of someone’s negligence. In many cases, the deceased suffered fatal injury in an accident, such as a car accident. While not every accident-related death is considered a wrongful death, many are.
When someone fails to take reasonable care to avoid injury, that failure can cause serious injury to others. This is considered negligence. When someone’s negligence causes another’s death, it is considered a wrongful death.
California law allows certain surviving family members to sue the negligent person, business, or other entity responsible for the death of their loved one. To do so, the surviving family should contact a lawyer.
Filing a Wrongful Death Suit in San Diego
When a wrongful death occurs, the deceased’s family can file a civil lawsuit seeking financial compensation for the harm they suffered as a result of the death. California law only permits specific family members to file a wrongful death suit. California Code of Civil Procedure 377.60 specifies which family members can bring such a claim in court, and prioritizes these family members. In other words, if the highest priority relative is no longer living, the next priority relative can file the suit.
At the highest priority, California law allows household family members (including surviving spouse, minor children, dependent parents, dependent stepchildren, and other dependent minors living in the home) to pursue a wrongful death case.
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Pursuing Damages
If there are no surviving household members, certain other family members may pursue the case: parents, siblings or children of deceased siblings, grandparents, and children of a deceased spouse.
In cases, the deceased’s next of kin can file if no other relatives are surviving. Wrongful death lawsuits are very complicated, so it is important for surviving families to contact a lawyer for help.
Family members who bring the suit may be entitled to compensation for the following damages:
- Funeral/burial costs
- Loss of anticipated gifts/benefits
- Loss of companionship, comfort, protection, love, care, and society
- Loss of household services
- Loss of financial support
- Loss of a parent’s guidance and training
- Loss of a spouse’s intimate sexual relations
How an Attorney Can Help With Your Wrongful Death Claim
While compensation from a lawsuit cannot make up for the loss of a loved one, it can ease the financial burdens for families. If your loved one suffered a wrongful death, contact Sargent Law Firm today.
San Diego Wrongful Death FAQs
Who can file a wrongful death lawsuit in San Diego?
Under California law, only specific family members can file a wrongful death claim. This usually includes a surviving spouse, domestic partner, children, or dependent relatives. If none of these family members are living, the deceased’s parents or siblings may be eligible. A San Diego wrongful death lawyer from Sargent Law Firm can determine if you have the legal standing to file.
How long do I have to file a wrongful death claim in San Diego?
In most cases, California’s statute of limitations gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline could prevent you from recovering compensation. Contacting a San Diego wrongful death attorney early ensures that your case is filed on time and that vital evidence is preserved.
What types of evidence can help prove wrongful death in San Diego?
Evidence in a wrongful death case can include accident reports, medical records, financial documents, witness statements, and expert testimony. The Sant Diego wrongful death attorneys at Sargent Law Firm can investigate the cause of your loved one’s death, gather critical documentation, and build a case showing negligence or misconduct.
What happens to my wrongful death claim in San Diego if the person responsible is facing criminal charges too?
You can still file a civil wrongful death claim even if a criminal case is pending. Criminal charges punish wrongdoing, while a civil lawsuit compensates your family financially. The San Diego wrongful death lawyers at Sargent Law Firm can handle the civil side of your case independently of the criminal proceedings.
