Lost someone in San Diego because of another person's carelessness? We handle the case so your family can grieve.

A wrongful death occurs when someone dies at the hand of someone else’s negligence or intentional act, such as battery. Wrongful death lawyers help the relatives and dependents of the deceased file claims against the negligent party for the loss. 

In the state of California, the plaintiffs are typically the surviving spouse, surviving partner, or dependent children. A wrongful death action is apt when an accident caused a fatality, and the accident and resulting injuries were caused by someone else’s negligence or misconduct.

ESSENTIAL ELEMENTS OF A WRONGFUL DEATH CLAIM

When a San Diego wrongful death lawyer is working to prove negligence in a wrongful death case, some elements must be present for it to qualify. These elements fall under the same criteria for proving that negligence was the causation in an accident.

• Duty of Care: The philosophy of duty of care means that the defendant in the case was in a position where they should have acted in a certain way, but they didn’t, and this caused the death of another person. This can encompass something as simple as a driver following the rules of the road when driving to avoid an accident.
• Breach of that Duty: Once the establishment is made that the defendant had a duty of care they owed to the victim in the wrongful death claim, it has to be proven that it was a breach of that duty of care that caused the injuries that lead to death. To follow the example, that driver who was to follow the rules of the road breached them, causing a fatal accident. They breached their duty of care on the roadway.
• Actual and Proximate Causation: The plaintiff in a wrongful death lawsuit must prove that the breach of the duty of care was what caused the death of their loved one. Again, with the same example, the driver who disregarded the red light and hit the victim in a crosswalk when they had the right-of-way is the cause.
• Injury or Other Damages: Lastly, the plaintiff in a wrongful death lawsuit must prove that the breach of the duty of care resulted in a grievous injury to the deceased and consequent damages to their loved ones. Continuing our example, this is proven by showing pedestrian's injuries resulted in death and other damages, which can include medical costs, funeral costs, lost wages, and emotional suffering.

COMMON CAUSES OF WRONGFUL DEATH LAWSUITS

Most wrongful death cases would be personal injury lawsuits if not for the resulting fatality brought by negligence. One common misconception by some is the elements that overlap in a wrongful death case and a personal injury case. A decedent cannot file a claim for their own injuries because their death prevents them from being able to do so. To prevent a miscarriage of justice, the surviving family member can file a wrongful death claim or a survival action on the decedent's behalf.

The most common causes brought to court include:

• Traffic Accidents: These include any and all accidents that involve an automobile. If a loved one dies in a car accident, motorcycle accident, bicycle accident, pedestrian accident, truck accident, ATV crash or any other kind of accident involving an automobile, you may be able to file a wrongful death case. However, such cases are relatively rare in single-vehicle crashes where the clear negligence of the deceased causes the fatal crash.
• Workplace Accidents: If a person dies due to a workplace injury, the estate of the deceased can seek wrongful death damages. The claim becomes a little complicated in this case due to the workers’ compensation insurance. It is vital to seek advice from San Diego wrongful death lawyers when filing a claim for workplace fatality.
• Premises Injuries: Premises injuries, including slip-and-fall accidents, that result in death may be due to the negligence of the owner of the premises. This is why it is possible to bring wrongful death lawsuits in such cases.
• Defective Products: The companies that are manufacturing, designing and marketing consumer products must ensure their products are safe. Failure to do so can result in a defective product that causes someone's death, availing the company to be sued for damages.
• Medical Malpractice: Medical malpractice is when the negligence of a healthcare employee or entity, including a nurse or a doctor, results in the death of the patient. Malpractice cases can also be filed against the hospital or healthcare facility where the instance of negligence occurred.
• Construction Site Accidents: Accidents that occur on construction sites are often fatal. If you have a loved one who has suffered a similar tragedy, you are likely eligible to file a wrongful death lawsuit over lack of adequate workplace safety measures.

Who Can File Wrongful Death Claims?

In the state of California, only certain people may bring a wrongful death lawsuit. CCP § 377.60 specifies that surviving spouses, domestic partners, children, putative spouses, the putative spouse’s children, dependents, stepchildren, and parents may bring suit. San Diego wrongful death lawyers work closely with these individuals to ensure cases are appropriately filed and that proper damages are sought from the defendant.

The most common damages found in wrongful death suits are:

• Funeral expenses and burial costs
• Any medical expenses that may have been incurred prior to the death of the decedent
• The loss of the victim’s financial support to the children and spouses
• Loss of society and companionship for a surviving spouse
• The pain and suffering endured by losing the decedent

Who is Liable in a Wrongful Death Lawsuit?

A wrongful death lawsuit can have more than one party that is guilty of negligence. In these cases, the lawyer will name all of these parties in the claim they bring before the court. These types of parties may include:

• The reckless driver of an automobile
• The government agents tasked with keeping the roadways safe
• The parties responsible for manufacturing, distributing, or installing a defective or faulty automotive component
• The person responsible for serving alcohol to an intoxicated person, resulting in a drunk driving accident
• The establishment that served alcohol to the intoxicated driver
• Anyone who had a statutory duty of care to the decedent and subsequently breached it

If there are multiple liable parties, the court may require each entity or individual responsible to duly compensate the plaintiff. A wrongful death lawyer will investigate all claims separately to identify all potentially implicated parties.

WHY PICK A TORKLAW WRONGFUL DEATH LAWYER IN SAN DIEGO?

Experience & Mastery: Our team excels in personal injury law, ensuring up-to-date knowledge on wrongful death intricacies in San Diego.

Client-Centered Approach: Each case and client is unique. We prioritize understanding individual needs, tailoring our legal strategies accordingly.

Proven Success: Our victories are testimonies. We've garnered millions in compensation for clients, attributing to our unyielding quest for justice.

No Fees Unless We Win: We function on a contingency fee structure. You only pay if we triumphantly secure compensation for you.

CONSULTING A SAN DIEGO WRONGFUL DEATH ATTORNEY

Much like personal injury cases, the lawyers who take a wrongful death case work on the contingency fee contract. Attorneys who work on a contingency basis only earn a fee if the plaintiff receives compensation. This arrangement allows the surviving family to focus on healing instead of worrying about paying for legal representation.

TORKLAW understands the pain and suffering that a plaintiff in a wrongful death claim endures. Our lawyers help clients gain closure by identifying all responsible parties and holding them responsible for their actions.

The law offices of TORKLAW offer free case consultations for potential new clients. They are passionate about their cases and want to help those seeking justice for wrongful death. Call TORKLAW today if you lost a loved one due to negligence.

Call toll-free, 888.845.9696 for your free case consultation.