San Diego Wrongful Death Lawyers
- The Basics of Wrongful Death Actions
- Why Do We Use the Term “Wrongful” in Wrongful Death Cases?
- Data Related to Wrongful Death Cases in the United States
- The Parties Who Can Bring Wrongful Death Claims
- The Wrongful Death Statute in California
- The Statute of Limitations and California Wrongful Death Cases
- The Different Categories of Wrongful Death Cases
- Risks of Deadly Accidents in San Diego
- Monetary Compensation Individuals Can Obtain in Wrongful Death Cases
- Why It Is Important to Retain a San Diego Wrongful Death Lawyer
- Wrongful Death Claim Negotiations in San Diego
- San Diego Wrongful Death Claims: FAQ
Compassionate Wrongful Death Lawyers dedicated to Protecting the Injured in San Diego
Even in peaceful SoCal, accidents can disrupt the pace of life. Our San Diego wrongful death lawyers are ready to stand by your side when tragedy strikes. Led by Arash Khorsandi, Esq., Arash Law assists families in navigating the complex web of insurance claims, ensuring they have an ally in pursuing justice and fair compensation. Call us today at (888) 488-1391 for a free initial consultation.
San Diego is adjacent to Tijuana, Mexico, and contains some of the most scenic beaches in Southern California. Located near famous areas such as La Jolla and Coronado Island, the city of San Diego is a beachcomber’s paradise. Approximately 1.3 million people reside in San Diego, making it the second most populated city in California. San Diego County is home to approximately 3.3 million people, and its natural beauty and diverse amenities attract tourists all year round.
However, accidents can occur at any time. An individual may die due to the negligence of another party, and the decedent’s relatives can assert a wrongful death lawsuit to seek financial compensation for the harm they suffer. The surviving family members seek monetary compensation for their own losses when they file a wrongful death action.
Accepting the loss of someone close to you is never easy, and many people need time to process their grief. Wrongful death cases are emotionally charged because the victims suffered the ultimate loss. Trusted wrongful death lawyers in San Diego can make this process less overwhelming by being professional, objective, and thorough. While you are going through the grieving process, you can let San Diego personal injury lawyers take care of the wrongful death case against the negligent party.
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
The Basics of Wrongful Death Actions
Wrongful death cases are distinct causes of action that exist to compensate surviving family members who have suffered the loss of a loved one due to another party’s wrongful act which is either negligent, reckless, or intentional. A car accident, slip-and-fall, murder or manslaughter case may give rise to a wrongful death claim. However, always remember that the facts of your case are unique from all other cases. Therefore, skilled wrongful death lawyers in San Diego will help you make the best decisions regarding your case.
Why Do We Use the Term “Wrongful” in Wrongful Death Cases?
- Accidents due to the negligence of another party
- Dangerous artificial conditions on property
- Dangerous products
- Design defects
- Manufacturing defects
- Medical malpractice
- Automobile accidents that occur due to the negligence of another party
- Intentional torts such as assault, battery, and intentional infliction of emotional distress
Data Related to Wrongful Death Cases in the United States
Wrongful death can arise when an individual engages in reckless conduct, negligent act, or intentional tort. Many fatalities occur accidentally in the United States every year. A large proportion of these incidents may give rise to wrongful death cases. According to the Centers for Disease Control (CDC), 224,935 unintentional injury deaths occurred by the 2021 reports.
- In 2022, there were 2,206 reported homicides in California.
- Fifty-two thousand individuals die every year in the United States due to traumatic brain injuries.
- Over 5,200 employees die each year in accidents that occur at their place of employment.
- More than 44,000 individuals died due to slip-and-fall accidents in 2020 in the United States.
- Approximately 4,285 people died in 2021 in automobile accidents in California.
- More than 250,000 people die each year in the United States due to medical malpractice.
The Parties Who Can Bring Wrongful Death Claims
Specific individuals are permitted to bring wrongful death cases in California. The provisions of the Code of Civil Procedure 377.60 determine who can assert wrongful death claims against negligent parties. The individuals listed below can bring wrongful death actions against other parties:
- The deceased’s surviving spouse or domestic partner
- The deceased’s children
- grandchildren (if the deceased person’s children are also deceased),
- other minor children (such as stepchildren) who were dependent on the deceased for at least one-half of their financial support, and
- anyone else who would be entitled to the deceased’s property under California’s laws on intestate succession.
The Wrongful Death Statute in California
The wrongful death statute in California is codified in the California Code of Civil Procedure section 377.60. Family members can seek financial compensation for the wrongful death caused by the intentional acts or negligence of another party. Surviving family members can seek monetary compensation for the following under the wrongful death statute in California:
- Loss of companionship and emotional support
- Lost income the decedent will have earned over the remainder of their life
- Funeral and burial expenses
Wrongful death cases may also be asserted with a survival action. Survival actions are asserted by individuals on behalf of the decedent’s estate. The financial compensation sought is for the damages suffered by the decedent.
Parties cannot obtain punitive damages in wrongful death actions in California. However, some survival cases will permit individuals to seek punitive damages.
The Statute of Limitations and California Wrongful Death Cases
The statute of limitations is the prescriptive period placed on a particular cause of action. It provides for the period within which a plaintiff can validly file a claim or lawsuit. For example, personal injury actions in California must be filed within two years of the date of the accident. The statute of limitations for wrongful death cases in California is two years from the date of the decedent’s death. If an individual attempts to file a case after the statute of limitations has expired, the individual loses their ability to bring the lawsuit. Consequently, whatever case filed after the lapsed of the given period will be dismissed by the judge or jury.
The Different Categories of Wrongful Death Cases
Accidents involving airplanes are quite common, and smaller aircraft are often at the center of wrongful death cases. Many of these accidents involving small aircraft are not reported by news agencies. Helicopter accidents, airplane accidents, and glider accidents occur quite frequently in California.
Dog owners must know if their dogs have violent propensities. Owners are liable for their dogs and any injuries they cause other people. In California, wrongful death claimants must demonstrate that their relative was legally on private property or on public property when they suffered injuries due to a dog attack.
Slip-and-fall accidents can cause serious bodily injury and death. Premises liability cases are those slip-and-fall cases that arise due to dangerous conditions located on real property. Owners and occupiers of land must make their property safe for invitees. Spinal cord injuries and traumatic brain injuries often cause deaths in slip-and-fall cases.
Individuals can suffer severe injuries and death due to exposure to hazardous chemicals. Asbestos cases arose after it became known that many companies knew how dangerous asbestos was to human beings. These entities should be held liable for their negligence.
Design and manufacturing defects are the two most common types of defects involved in product liability cases. Inadequate warnings are also essential to product liability cases. A manufacturer might be responsible for a person’s death if the manufacturer was negligent.
Some drivers do not see motorcyclists in their blind spots, or they believe they have the right to intimidate motorcyclists on the road. Many motorcyclists do not wear extensive protective gear and are more likely to suffer serious bodily injury or death during a motorcycle accident.
Many different industries expose workers to dangerous conditions. Construction, roofing, and paving are some of the most dangerous industries in the United States. Approximately four hundred and fifty injuries occurred on work sites in California in the year 2019. Individuals may die due to electrocution, inhalation of toxic materials, and slip-and-fall accidents.
Commercial vehicles are massive. The sudden impact of a large truck can cause devastating injuries to those inside smaller vehicles. Many people who die during truck accidents are pressed beneath the weight of a truck or are thrown violently from their vehicles.
Automobiles may hit pedestrians while they are attempting to pass through a crosswalk. Distracted driving, failure to yield, and driving at excessive rates of speed are common causes of fatal pedestrian accidents. Twenty-four percent of all traffic fatalities involve pedestrians.
Bays, rivers, and beaches all attract boating enthusiasts to San Diego, California. Some operators of boats do not pay attention to their surroundings, and they are more likely to cause fatal accidents.
Risks of Deadly Accidents in San Diego
- Suffering bodily injuries at the Pechanga Arena
- Delivery truck accidents involving Amazon, FedEx, and other companies
- Hazardous conditions near swimming pools and other bodies of water
- Water sports and boating excursions that put inexperienced participants at risk of serious bodily injury or death
- Injuries on amusement park rides at places such as Legoland or SeaWorld
- Individuals who drive while under the influence of drugs or alcohol
- Dangerous conditions at hotels, motels, and bed & breakfasts
- Tourists who are unfamiliar with the area and cause fatal accidents
- Accidents on electric bikes and electronic scooters
San Diego is a popular destination among those who love sailing, fishing, and boating. However, these activities can be inherently dangerous due to the unpredictable and volatile nature of the ocean. Family members need to make sure that they understand everything they can about wrongful death cases so they can make informed decisions about how to proceed in seeking financial compensation for their injuries.
Monetary Compensation Individuals Can Obtain in Wrongful Death Cases
- Non-economic damages – Non-quantifiable damages are typically categorized as non-economic damages. Emotional pain, severe distress, and trauma may all be forms of non-economic damage. In California, no limits restrict the amount of non-economic damage an injured victim can pursue. The one exception to this rule concerns medical malpractice cases.
- Punitive damages – Family members can bring wrongful death claims. Sometimes, family members can seek punitive damages if the responsible party acted willfully, wantonly, or maliciously. Punitive damages are awarded to punish the defendant and to deter the defendant from committing the same act in the future.
- Loss of support and companionship – Individuals lose a family member, along with the family member’s guidance, society, affection, safety, love, comfort, and support. Surviving family members can seek financial compensation for the loss of companionship and loss of support.
- Lost income – Family members may pursue damages for lost income that factor into the calculation of the total earnings the decedent will have received if they had lived the average life span.
- Damage to property – Surviving family members can seek damages related to property destruction in wrongful death cases.
- Burial expenses and funeral expenses – Funeral expenses and burial expenses cost many thousands of dollars, and some family members cannot afford to pay funeral home bills. The surviving family members can seek these costs in wrongful death cases.
- Medical bills – Hospitals admit individuals after they have died. The medical bills associated with hospital stays can be excessive. Surviving family members can seek economic damages to recover these costs.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– ARASH KHORSANDI
Why It Is Important to Retain a San Diego Wrongful Death Lawyer
Wrongful Death Claim Negotiations in San Diego
Speaking with San Diego wrongful death lawyers can give you a better chance of obtaining a reasonable settlement amount. Insurance companies may attempt to record statements to use against you. Settlement negotiations can be more productive if you have a competent personal injury lawyer on your side.
San Diego Wrongful Death Claims – FAQs
The following are some of the most commonly asked questions regarding wrongful death cases in San Diego.
It is generally advisable that most individuals who are interested in filing a wrongful death claim retain a wrongful death lawyer as soon as they can. Some family members may not believe it is necessary to retain a wrongful death lawyer. However, you can reassure your family members that San Diego wrongful death lawyers will help protect the interests of the family members who bring the claim against the negligent parties. Do not be afraid to reach out and get the help you need during this difficult time in your life.
These issues are commonplace, and many family members do not want to think about going through with a civil lawsuit. Wrongful death lawyers in San Diego can help you and your family members deal with the stresses of these unfortunate events by focusing on your end goal: obtaining financial compensation for your loss. Paying medical bills, funeral expenses, and burial costs should be your priority. Pursuing your legal claims is a rational and reasonable thing to do.
Do not let insurance companies or insurance claims adjusters take advantage of you or your family members. Do not accept quick settlement offers from the insurance company because you feel financially insecure. Speak to skilled wrongful death lawyers in San Diego and make informed decisions regarding your legal rights. Protecting your family is going to benefit all of the family members in the long run.
San Diego wrongful death lawyers can protect you from the difficult elements of a wrongful death case. For example, the press and media attention regarding a wrongful death case can be overwhelming. The wrongful death lawyer you choose will represent you and speak on your behalf. Therefore, you do not have to suffer through all the emotionally taxing interviews and press conferences that may be related to your wrongful death case.
You do not have to pay any costs or fees at the beginning of your wrongful death case. The majority of San Diego wrongful death lawyers take wrongful death cases on a contingency fee basis.
You do not want to go into debt retaining a lawyer. Therefore, wrongful death lawyers deduct their fees at the end of a wrongful death case. After your case settles, or it goes to a trial and a civil judgment is entered, the wrongful death lawyer will subtract their fee from the total settlement or civil judgment. The families involved in wrongful death lawsuits can, therefore, move on with their lives while the case is ongoing. They do not have to make monthly payments or provide a lawyer with a significant retainer fee.
San Diego wrongful death lawyers, therefore, have the incentive to obtain the highest settlement amount possible. This incentive benefits you because your settlement offer will be higher, and you will receive a greater amount of financial compensation for your loss. Also, you do not have to take on any more financial burdens while you wait for your case to settle.
Personal injury lawyers and wrongful death lawyers perform similar tasks, but they are not the same. A few personal injury lawyers will take on wrongful death cases depending on the facts and circumstances of those cases. Most wrongful death lawyers possess specialized knowledge that comes with years of experience working on wrongful death cases. In most personal injury cases, the injured victim is still alive. But in wrongful death cases, a wrongful death lawyer must face official investigations and media attention. Many wrongful death cases may also contain a criminal component. These factors can make wrongful death cases complex.
Criminal prosecution may affect the timeline of a case and the strategy San Diego wrongful death lawyers choose to pursue. Many wrongful death damages are high, which makes the insurance companies and their attorneys work hard to reduce their financial liability. You should seek out San Diego wrongful death lawyers who can handle every aspect of your case. Do not retain a lawyer who does not have experience with wrongful death cases. Wrongful death cases feature elements and issues that are not present in average personal injury cases. Therefore, it is highly advisable for you to retain a San Diego wrongful death lawyer to protect your legal rights.
Under California law, if you are a child, domestic partner, surviving spouse, grandchild, or if you were a dependent, then you may have the right to assert a wrongful death claim. Many surviving family members may be present, but only one wrongful death lawsuit may be filed.
It is important to understand that you or the representative of the decedent’s estate may bring a civil lawsuit, known as a decedent’s cause of action. This lawsuit is sometimes called a survival action. Many family members combine wrongful death claims and survival actions into one civil lawsuit. The lawyers and judges involved in the case will usually refer to these cases as wrongful ‘death cases, but these cases also involve the survival statute. One legal claim is your cause of action for your loved one’s death, and the other legal claim is the cause of action that your loved one could have brought if they had survived. San Diego wrongful death lawyers can help you understand how these claims relate to one another.
The laws of California do not permit wrongful death cases relating to a fetus. The parents may bring an action for emotional distress if the parents saw a party acting negligently and engaged in wrongdoing.
Yes, if the decedent’s behavior contributed to their death, then the parties bringing the wrongful death lawsuit may be unable to attain complete financial compensation. The jury may assign specific percentages of fault to both the plaintiff and the defendant. If the jury decides that the plaintiff was comparatively negligent, then the overall recovery will be reduced in accordance with the plaintiff’s degree of fault.
Call The Wrongful Death Lawyers San Diego Trusts
Arash Law, founded by famous attorney Arash Khorsandi, Esq., helps injured victims and their families seek financial compensation for their injuries. We have decades of experience representing clients in wrongful death cases. We have recovered over $500 Million for clients throughout California. We focus on your case, and we are not afraid to stand up to insurance companies and assert the rights of our clients.
Contact Arash Law at (888) 488-1391 to schedule a free consultation. Our San Diego wrongful death lawyers serve the surrounding areas such as Coronado, National City, Chula Vista, Lemon Grove, Bonita, La Mesa, Imperial Beach, La Presa, Spring Valley, El Cajon, Rancho San Diego, Santee, Bostonia, Tijuana, Mexico, and Lakeside.