Carlsbad Wrongful Death Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Carlsbad Wrongful Death Lawyers Here For You When You Need Us Most
Injured accident victims can typically file a personal injury claim and seek compensation from those responsible for their damages. If the accident resulted in a fatality, it is within the rights of living family members to file a wrongful death lawsuit. Our Carlsbad wrongful death lawyers can help you in this challenging moment. Call us at (888) 488-1391 to learn about your legal options.
Carlsbad offers the charm of a European town and the conveniences of a large city. The mild climate allows for various events and activities throughout the year, from street fairs to art walks. You can swim, sunbathe, and surf on uncrowded beaches, fish in majestic lagoons, birdwatch, and hike on nature trails. Unfortunately, accidents happen despite the vibrancy of the city. While some only lead to minor injuries, others take a more tragic turn and lead to wrongful deaths.
With the untimely passing of a loved one, mourning families struggle to find justice. We assure you that we understand the emotional turmoil and legal complexity that wrongful deaths bring. Our seasoned personal injury attorneys are here to help if you wish to seek justice. Our dedicated attorneys represent families dealing with wrongful deaths in Carlsbad by providing compassionate yet diligent legal representation. Call us to schedule a free consultation.
What Is A Wrongful Death?
Wrongful death refers to any death that results from someone else’s carelessness, recklessness, or negligence. Since the victim has passed away, they cannot sue the liable party for damages. Instead, surviving family members may sue to seek justice under California law.
Wrongful death cases are handled in civil courts. However, the defendant may also face independent criminal charges. Surviving family members may receive financial compensation through the civil courts, and the defendant may be punished accordingly in the criminal courts. To ensure you’ll receive fair compensation, call (888) 488-1391 and talk with one of our wrongful death attorneys in Carlsbad.
Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;– JUDD ROSS ALLEN
Wrongful Death Vs. Personal Injury Lawsuits
In many ways, a wrongful death lawsuit is similar to a personal injury lawsuit, except it is filed when someone has died as a result of the accident rather than being injured. A victim’s living family may file a wrongful death claim. By doing so, they can receive compensation for their deceased family member’s medical costs, lost wages, and other damages directly resulting from the accident. Additionally, a wrongful death claim seeks compensation for funeral and burial expenses, predecease medical expenses, and the loss of financial support, companionship, and emotional well-being suffered by surviving family members.
We understand it’s challenging to deal with the legal complexities of filing a claim while you’re still grieving. Let us help. After discussing your case, our wrongful death attorneys in Carlsbad can aggressively pursue compensation on your behalf.
How Can Our Carlsbad Wrongful Death Lawyers Help?
Filing Lawsuit
Wrongful death lawsuits must be prepared meticulously to ensure compliance. They should also be persuasive to stand against the challenges of the defendant. Due to the emotional burden you are already under, let our personal injury attorney prepare the legal documents you need as you grieve your loss.
Collecting Evidence
To strengthen your case, our lawyers will conduct thorough investigations to uncover critical details that support your claim. This includes obtaining medical records, accident reports, witness statements, and any other relevant documentation. Our wrongful death attorneys in Carlsbad may also work with experts, such as forensic specialists and accident reconstructionists, to build a compelling case.
Challenging The Other Party’s Defenses
The defendants will surely attempt to defend themselves and deny liability. However, our attorneys will challenge their defenses and aggressively assert your rights. This involves responding to the defendant’s legal motions, presenting counterarguments, and using the evidence collected to discredit their claims. Our personal injury lawyers will also cross-examine witnesses and work to expose any inconsistencies or weaknesses in the defendant’s case, ensuring your side of the story is compellingly presented.
Obtaining A Favorable Settlement
Most wrongful death lawsuits are resolved through settlements. However, this does not mean you should just accept the first amount offered. Our Carlsbad wrongful death attorneys will tirelessly negotiate with the responsible party. They won’t stop until you receive a fair and favorable settlement. While no amount of money can bring back what you lost, it can help you move forward.
Representing You In Court
If the liable party’s offer is too low, our attorneys are prepared to file a lawsuit and present your case to a judge and jury. We will use our legal expertise and knowledge of applicable laws to fight for the maximum compensation you deserve.
With Arash Law, you can expect these services and more. Rest assured, our wrongful death lawyers in Carlsbad will be with you every step of the way, providing guidance and support as you navigate through this challenging time. Call us at (888) 488-1391.
Typical Cases Our Wrongful Death Attorneys Handle
Our Carlsbad injury law firm has successfully handled wrongful death cases in our decades of service. We’ve recovered compensation for family members in the following cases:
- Cases Related To Automobile, Motorcycle, And Truck Accidents — The negligent driver may be held responsible for the death of someone in any type of motor vehicle accident, from an 18-wheeler crash to a car or motorcycle accident. Negligent or reckless driving behavior is the most common cause of fatal accidents.
- Cases Related To Pedestrian And Bicycle Accidents — Pedestrians and cyclists are particularly vulnerable to severe injuries or death in motor vehicle accidents. Drivers have a duty to exercise caution to protect pedestrians and cyclists.
- Cases Related To Defective Products — When companies release products with dangerous flaws or disregard safety warnings, consumers are put at risk. Automobile parts, construction equipment, and children’s products are some of the most common defective products that can be deadly to consumers.
- Cases Related To Premises Liability — Property owners have a legal obligation to maintain safe premises. If someone dies due to hazardous conditions on their property, the owner may be held responsible for wrongful death.
- Cases Related To Workplace And Industrial Accidents — This broad category encompasses accidents occurring in various work environments, including construction sites, oil rigs, and factories. Equipment malfunctions, hazardous conditions, and safety violations can lead to fatal injuries.
The surviving family members or a personal representative may pursue a wrongful death claim against a defendant whose negligence caused the death of a loved one.
Plaintiffs seeking damages based on negligence must demonstrate that the defendant failed to act with the same level of care that a reasonable person would have demonstrated in the same situation. Whichever accident caused your loved one’s untimely passing, our Carlsbad wrongful death lawyers are here to help. Call us at (888) 488-1391, and let’s discuss your case.
Lost A Loved One In An Accident?
Is Wrongful Death A Civil Or A Criminal Case?
Wrongful death claims are civil lawsuits a person or their family brings against another person, organization, or business. The aim is to receive financial compensation for the loss of a loved one. However, the state may file criminal charges after a wrongful death due to a violation of laws. Such criminal charges may include murder, manslaughter, and homicide.
In criminal cases, a prosecutor must prove the elements of a crime beyond a reasonable doubt. However, in civil cases involving wrongful death, the plaintiff only needs to prove the case with complete pieces of evidence. A good example of this was that of OJ Simpson, who was alleged to have killed his wife and her friend. In such a case, OJ Simpson was found not guilty of the crime but was held liable in the civil courts.
With years of experience, our Carlsbad wrongful death lawyers are your reliable partners in seeking financial compensation. Call us at (888) 488-1391 to see how we can help.
Why File A Wrongful Death Lawsuit
We understand that no amount of money can cure your emotional pain or bring your loved one back to life. Nevertheless, a wrongful death case can help cover the financial damages you incur because of your loved one’s death.
For example, the death of an individual affects the family’s future earning potential, which may be their only source of income. Filing a wrongful death claim can help the surviving family obtain financial support.
Our Carlsbad lawyers have helped surviving family members file a wrongful death lawsuit for the following reasons:
- Accountability And Justice — Wrongful death lawsuits are intended to hold the negligent or at-fault party responsible for an individual’s death. This can provide a sense of justice for grieving family members and discourage similar behavior from the at-fault party in the future.
- Acknowledgment Of Loss — Filing a wrongful death lawsuit is the first step a family may take to accept the loss of their loved one. Such a lawsuit acknowledges the wrongful nature of their loved one’s death and supports the surviving family’s emotional and physical suffering.
- Closure And Emotional Relief — There is no way to replace a loved one with money, but compensation can provide the survivors with financial stability. Financial relief can ease the burden of dealing with the practical consequences of the loss and provide closure.
- Compensation For Non-Economic Damages — Surviving family members are entitled to compensation for their intangible losses. Compensation for wrongful death may cover non-economic damages, such as pain and suffering, loss of companionship, and emotional distress.
- Deterrence And Prevention Of Similar Incidents — The monetary consequences can deter others from negligent or wrongful behavior. As a result, community safety standards and practices may increase, and similar incidents may be prevented.
How To File A Wrongful Death Lawsuit
A wrongful death lawsuit is filed in a court that has jurisdiction over the death—essentially where the death occurred. You may also negotiate a settlement with the negligent party. In this case, the individual’s or entity’s insurance company will negotiate directly with you.
Should you settle, you will receive payment for the damages. However, doing so means you are waiving future claims. You may take your case to court if you can’t come to an agreement with the insurers.
Don’t worry about the specific details of filing a wrongful death lawsuit. Our Carlsbad wrongful death lawyers have a proven track record in cases like yours, so we can help you, too. Call us at (888) 488-1391 for a free initial consultation. Should you decide to pursue a case, we’ll be with you every step of the way.
Who Can Be Held Liable In Wrongful Death Cases?
Drivers
If a car accident, such as those involving motorcycle or pedestrian,causese wrongful death, then the driver found to be negligent may be liable.
Under California law, every driver must exercise reasonable caution on the road. If drivers fail to drive safely, they will be held responsible. Common negligent behaviors include distracted driving (such as texting and talking), speeding, and driving under the influence of drugs or alcohol. Engaging in any of these negligent behaviors can cause a car accident that may lead to wrongful death. If this happens to your loved one, you may file a case against the driver.
Employer
Under California law, an employer could be held responsible if their employee behaved negligently. A mail delivery truck driver hitting a cyclist or pedestrian is an example. In this case, the truck driver’s employer and driver may be liable.
The employer is liable only if the employee was on the job when the accident happened. Otherwise, the employer has no liability for any accident when the employee is not at work.
Employee
If the employee was not performing their official duties when they caused the accident, they are solely responsible. An example is if the employee was driving home when the accident happened.
Considering these technicalities, you need a skilled Carlsbad wrongful death attorney to investigate the accident thoroughly. Your attorney will obtain pertinent employee records to determine liability accurately.
Government Agency
Government agencies are responsible for hiring contractors, road maintenance workers, and construction workers throughout the city. You can hold the government agency liable if your loved one died due to a construction site accident, a car accident due to a pothole, or a slip-and-fall accident on government property.
If the victim has been in a car accident, you should contact a Carlsbad car accident lawyer immediately. If you are suing a government agency, you must do so within six months after the accident date.
Manufacturer Or Product Retailer
A manufacturer or product retailer also has a product liability for defective items. A product with a design, manufacture, or warranty problem can be considered defective. Design defects occur when a product is designed improperly. A manufacturing defect occurs when the item is faulty or made incorrectly. Thirdly, a product may have a warranty defect if it doesn’t have proper warnings or instructions. Contact our product liability lawyers today to identify the exact type of defect involved in the accident.
Filing a wrongful death lawsuit can be extremely stressful and traumatic. Still, most family members choose to file wrongful death lawsuits to obtain closure and move forward financially. Among the damages that may be claimed from wrongful death cases are funeral and burial expenses. With decades of experience, our wrongful death attorneys in Carlsbad know how to bring closure to grieving families.
We offer a free initial consultation with our reputable attorneys. Contact us at (888) 488-1391, and our wrongful death lawyers in Carlsbad will determine if you have a case.
How To Prove Liability For A Wrongful Death
To win a wrongful death lawsuit in California, you must prove the following:
- A Person’s Death — The plaintiff must prove that a loved one (whether a spouse, parent, child, or other immediate relative) has died.
- Wrongful Conduct Or Negligence — The at-fault party must have engaged in negligence or wrongful actions. These could include reckless behavior, intentional harm, or negligence that led to death.
- Breach Of Duty — To prove negligence or wrongful conduct on the defendant’s part, the plaintiff must show that the defendant breached a duty of care owed to the deceased. If the victim died in a car accident, the plaintiff may need to prove the defendant violated traffic laws or drove negligently.
- Causation — The plaintiff must show that there’s a direct link between the defendant’s actions or negligence and the victim’s death.
- Damages — The plaintiff must also show that the victim’s death caused measurable damages to family members or beneficiaries. These may include economic damages, such as medical expenses, funeral costs, and loss of financial support. Non-economic losses, such as emotional pain and suffering, may also be accounted for.
Our Carlsbad wrongful death lawyers are experienced and skilled in proving negligence and liability. Let’s discuss the details that caused the death of your loved one. We can build a strong case together and help you obtain justice for your loss.
Types Of Damages You Can Recover
Our Carlsbad wrongful death lawyers can help you recover compensation for the following:
- Costs associated with funerals
- Accident-related medical expenses incurred by the deceased when they were still alive
- Accident-related pain and suffering experienced by the deceased when they were still alive
- Service loss caused by the victim’s death
- Lifetime income lost by the deceased
- Loss of any inheritance that could have been received
- Loss of companionship or loss of consortium
Our lawyers understand the monetary costs and emotional pain associated with the untimely death of a loved one. Take advantage of our free initial consultation when you call us at (888) 488-1391. This 24/7 lawyer helpline will connect you to one of our wrongful death attorneys in Carlsbad.
Our client suffered serious injuries after he was run over by a speeding vehicle. Aside from achieving a monumental financial recovery, our firm was able to secure the best medical care and treatment to ensure that he recovered from his injuries with the best medical team in the nation. We are happy to deliver closure and peace to a nice family.– BRIAN BEECHER
Calculating Damages In A Wrongful Death Case
After determining the type of damages you may be entitled to recover in your wrongful death case, Carlsbad lawyers will calculate the exact amount you should seek.
Some damages, particularly monetary ones, can be calculated easier than others. Funeral and burial costs are an example of this. Your lawyer will ask for all the bills and receipts from the funeral home and other service providers.
Non-monetary damages, such as pain, suffering, and loss of companionship, are harder to evaluate. You don’t have to worry because our Carlsbad wrongful death attorneys are experienced and skilled in these matters. We will calculate all your damages accordingly to ensure fair compensation.
How To Calculate Lost Future Earnings
Lost future earnings can also be challenging to calculate. Here are some factors that your lawyer will consider:
- The deceased’s education, skills, and abilities;
- An estimate of how many more years the deceased would have worked;
- The deceased’s potential for promotions, raises, and other income adjustments throughout their career;
- How inflation will affect wages and earnings over the years; and
- Benefits and contributions to the deceased’s retirement account.
Calculating all these factors can be complicated, so you need a professional to obtain a more accurate estimate. Occupational and economic experts can assess the monetary value of household services lost. In addition, they can compute the financial value of the intangible support you lost, such as affection and love.
Our Carlsbad wrongful death attorneys have a network of professionals who can expertly analyze future financial and intangible damages. We will help you determine and calculate the damages you can claim.
Types Of Evidence To Gather In A Wrongful Death Case
After a tragic loss, you need to prioritize your family’s well-being. Hiring committed personal injury lawyers to file a claim or lawsuit and pursue full compensation is part of this. Our lawyers will gather all the necessary reports and documentation on your behalf so that you can be with your family during this difficult time.
Here are some key pieces of evidence that we can help you obtain:
- Testimonies from eyewitnesses
- Accident scene evidence, if any
- Reports from the police and accident investigators
- Reported safety violations and citations
- A video surveillance tape
- Data from phones
- Expert opinion of accident reconstruction specialists
These are only the most common types of evidence we generally look for in a wrongful death claim. Nonetheless, the specific circumstances surrounding your loved one’s death may require more evidence to strengthen your case. Whatever they may be, our Carlsbad wrongful death attorneys will exhaust all available resources to gather everything pertinent to the case.
Statute Of Limitations For Wrongful Death Lawsuits
There is a strict statute of limitations in California when it comes to filing wrongful death claims. In general, plaintiffs have two years to file a lawsuit after the victim’s death. You may lose your right to compensation if you fail to meet the deadline. Therefore, immediate action is imperative.
Reach out to one of our Carlsbad wrongful death attorneys today. Once we establish that you have a valid claim, we’ll immediately build your case and file a claim for damages.
How Long Does A Wrongful Death Settlement Take?
The duration of wrongful death cases varies significantly. The parties may sometimes settle within months, while other cases may go on for several years. A thorough investigation and collection of evidence may also take some time.
Moreover, the insurance company and the plaintiff’s lawyer may have conflicts during the wrongful death settlement negotiation. It takes time for both parties to work through this and agree on a certain amount.
No matter how long your case may take, our Carlsbad wrongful death attorney will support and guide you throughout the process. We will never settle for a quick yet low offer. Instead, we’ll assert what you rightfully deserve and advocate for you even up to the court. Contact us at (888) 488-1391, and let’s start this fight for justice.
Carlsbad Fatality Statistics
In 2023, the Transportation Injury Mapping System recorded eight traffic-related fatalities in Carlsbad. This is lower compared to the previous year by only one. Two of them were pedestrians, another two were motorcyclists, one was a cyclist, and another one was an older adult. Furthermore, four fatalities were speeding-related, and one involved alcohol. Aside from news about road accidents in Carlsbad, there were also reports of workplace fatalities in the city.
If you’ve lost a loved one in a similar accident, get in touch with our wrongful death lawyers in Carlsbad immediately. We can help you understand your legal options, provide compassionate support during this difficult time, and fight for the justice your loved one deserves.
Frequently Asked Questions (FAQs)
Why Should I Hire A Wrongful Death Lawyer From Arash Law?
Our Carlsbad wrongful death lawyers understand that losing a loved one is a deeply traumatic experience, and we are committed to easing your burden by pursuing justice on your behalf.
We will build your case with the assistance of a team of experts, including professional consultants who specialize in various aspects of wrongful death litigation. These experts will conduct a thorough investigation of the accident, meticulously documenting all relevant details and gathering crucial evidence to support your claim.
Our personal injury lawyers will work diligently to present the full extent of the damages caused by the victim’s untimely passing. This includes not only the financial losses incurred but also the emotional impact on surviving family members. We use a variety of tools, such as videos, personal statements, and photographs, to convey the significance of the victim’s life and the profound loss experienced by their loved ones effectively.
Who Can File A Wrongful Death Claim?
In general, the following may file a wrongful death claim:
- Spouses of the deceased
- The children or parents
- Members of the immediate family
- The deceased person’s executor or administrator of the estate
- Other individuals specified by the wrongful death statute of the state where the fatal accident occurred
Still unsure if you can file a wrongful death claim for the loss of your loved one? Fill out our “Do I Have A Case?” form.
How Are Wrongful Death Damages Paid Out?
The responsible party may pay damages in wrongful death cases as a one-time lump sum or as structured settlements. Insurance companies will most likely make a one-time payment. On the other hand, those without insurance may opt for structured settlements. Such a scheme is also helpful for the surviving family, as it provides a regular stipend. Whether lump sum or structured, your Carlsbad wrongful death lawyer will ensure you receive the full settlement amount.
What Is the Average Payout In A Wrongful Death Suit?
Estimating the average payout for wrongful death cases is difficult since each case is unique. It is possible to sustain damages ranging from thousands to millions of dollars. The following factors contribute to the amount of damages you may receive:
- Medical and funeral costs
- The extent of the deceased’s suffering
- The victim’s age by the time of their untimely death
- The health condition of the deceased
- Education, training, and earning potential of the deceased
- Survivors’ ages and surrounding circumstances
- Health insurance, retirement, and other benefits lost by survivors due to victim’s death
These are just some of the most common damages that may affect your payout. However, you don’t need to worry about the average amount. Our Carlsbad wrongful death lawyers will account for and evaluate all your damages to ensure you’ll receive maximum compensation.
What Is The Cap On Wrongful Death Damages In California?
For most wrongful death cases, California does not cap economic or non-economic damages. However, an exemption to this is the $500,000 cap on non-economic damages in medical malpractice cases resulting in wrongful death. Your Carlsbad wrongful death attorney will account for all possible damages to guarantee the full financial recovery you deserve.
Can Shared Fault Impact My Right To Recover Damages Under California Wrongful Death Laws?
Under California’s pure comparative negligence law, anyone who was even slightly at fault could be partly responsible for damages. This can include the victim of a fatal accident.
If your deceased loved one was partly to blame, you won’t necessarily lose the right to compensation. However, the amount you can receive will be reduced in proportion to your loved one’s liability. For example, if your loved one is 10% responsible, you will receive only 90% of your total settlement or award.
Insurance companies don’t always play fair, so don’t be surprised if they try to blame your loved one for causing the accident. This is one of their strategies to minimize payouts. Contact our Carlsbad wrongful death lawyers if you are concerned about shared fault. We can help protect you from the dirty tactics of insurance companies.
How Can I Find A Qualified Lawyer To Help With A Wrongful Death Case In Carlsbad?
You may ask friends and family for recommendations on hiring the best Carlsbad wrongful death lawyers. The local bar associations are also a good resource. You may read through online reviews for previous client feedback as well. To find the right lawyer, you must consider their education and license, experience, reputation, and location.
Having mentioned those factors, you should know that Arash Law is one of the biggest personal injury law firms in California. Our lawyers have recovered more than $500 Million in compensation for our clients, and we can help you, too. Call us at (888) 488-1391 for a free consultation. This initial discussion with one of our reputable lawyers may help you decide if we’re the right fit for you.
What Is The Difference Between A Wrongful Death Claim And A Survival Action?
The surviving family may file a wrongful death claim to recover their damages and losses. On the other hand, a survival action is a legal claim brought by the estate of a deceased person to recover damages for injuries sustained by the deceased before their death. Essentially, a survival action allows the deceased person’s legal representative to pursue compensation for the pain, suffering, medical expenses, and lost wages incurred from the time of the injury until the time of death.
While both are related to the death of an individual, a wrongful death claim focuses on the loss suffered by the surviving family members, whereas a survival action focuses on the damages suffered by the deceased themselves.
Consult with your wrongful death lawyer in Carlsbad to determine how you’ll be able to obtain compensation from both of these claims.
What Is California’s “One Action” Rule?
Under California’s “one action” rule, there can only be one lawsuit filed against the responsible party for the death of an individual. All eligible family members must be included in this single lawsuit. The purpose of this rule is to prevent multiple lawsuits against the same defendant for the same death. It simplifies the legal process and protects defendants from multiple claims.
Our Carlsbad wrongful death attorneys can help you understand who qualifies as an heir and who can be included as plaintiffs in the lawsuit. Once a settlement or judgment is obtained, we can also assist in fairly distributing the funds among the eligible heirs according to their respective losses.
What Is The Burden Of Proof For Wrongful Death In California?
The plaintiff who filed the wrongful death lawsuit has the burden of proof. This means they need to prove that the defendant’s negligent behavior caused the death of their loved one.
Plaintiffs in California must prove their case through a preponderance of evidence. If you are filing on account of your loved one’s tragic death, you need to demonstrate that it is more likely than not that the defendant’s negligence caused it. Such a standard is lower than the “beyond a reasonable doubt” standard for criminal cases.
Our Carlsbad wrongful death lawyers can help you prepare a solid case to establish that the defendant’s negligence caused the wrongful death.
Are Wrongful Death Settlements Taxable?
Compensatory damages in wrongful death settlements are not taxable. These are settlements intended to reimburse the family for expenses, pain and suffering, and income loss. On the other hand, punitive damages may be taxable.
Our wrongful death lawyer in Carlsbad can work with tax professionals to determine which parts of your settlement may be taxable.
How Are Wrongful Death Settlements Distributed?
The family can decide how to distribute the settlement they received. Common arrangements include dividing the damages equally among all family members. They may also give the surviving spouse and children a larger portion. Then, the other parties will divide what’s left into equal shares.
Some families also opt for mediation. This means an unbiased third-party judge and lawyers (if desired) will be involved in addition to eligible family members. Since it is not a trial, this process is faster than going to court.
If the family cannot decide, California gives civil courts the authority to distribute wrongful death settlements. The court will decide how the settlement will be divided based on each eligible person’s financial needs. This is done by evaluating each member’s economic needs, such as housing, education, and support. Other factors that might be considered include the relationship between the decedent and each beneficiary, the age of the beneficiaries, and their future prospects.
Can You Get Punitive Damages For Wrongful Death In California?
Punitive damages are generally awarded in cases involving gross negligence or intentional misconduct. In wrongful death cases, punitive damages are only awarded if a felony caused the death. In survival actions, however, punitive damages are not awarded unless the deceased sustained some economic damages before their death, however minimal. The best Carlsbad wrongful death attorneys can help you determine if you are eligible for such.
What Is The Role Of The Court In A Wrongful Death Case In Carlsbad?
The court in Carlsbad plays a vital role in your wrongful death case. It will ensure all parties comply with the law and oversee the legal process, providing a fair and impartial forum for resolving disputes. The court reviews evidence, hears testimonies, and evaluates legal arguments presented by both sides.
Ultimately, it decides whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded. Additionally, the court may issue orders related to the preservation of evidence and compliance with procedural rules, ensuring the case proceeds efficiently and justly. The judge also has the authority to mediate settlements and guide the parties through alternative dispute resolution methods if appropriate.
Can Undocumented Immigrants Sue For Personal Injury Or Wrongful Death?
Generally, an undocumented immigrant in California can file a wrongful death or personal injury claim for injuries sustained in any kind of accident. Your immigration status does not affect your legal right to sue. In the same way, if your loved one died in an accident, you have the right to file a wrongful death lawsuit. Such a right applies regardless of your immigration status or the deceased’s.
Speak To The Wrongful Death Lawyers Carlsbad Trusts
Your family deserves justice if your loved one was tragically killed in an accident in Carlsbad, California. If you lose someone you love, you can turn to our Carlsbad wrongful death lawyers for help. Led by the esteemed Arash Khorsandi, Esq., we can help you get compensation for medical bills, financial support losses, and the loss of your loved one’s company and guidance.
Arash Law is one of the biggest personal injury law firms in California. Over the decades, our team has helped recover more than half a billion dollars for accident victims and their families. Don’t hesitate to contact us at (888) 488-1391. Our Carlsbad accident lawyers are here to offer legal advice and help you obtain justice.
Our personal injury lawyers in Carlsbad also provide legal representation to victims of accidents involving cars, trucks, slips and falls, motorcycles, Uber and Lyft, bicycles, and more. We also serve clients throughout San Diego County and neighboring areas, including Vista, Encinitas, Oceanside, Solana Beach, Temecula, San Marcos, Poway, Chula Vista, Escondido, and Sorrento Valley.
