San Diego Wrongful Death Lawyer
If you or a family member have been involved in a wrongful death then you may have rights to a large cash settlement. The most important thing you can do right now is contact a wrongful death lawyer as soon as possible. When a death happens that last thing in the world you are thinking about is a lawsuit or speaking with San Diego personal injury attorney, but it is important to take the proper steps because once the pain and suffering have started to get better you will want to take action against those responsible for the death of your love one.
Serious Accident Attorney San Diego
If you need more information about your case or would like to do a little more research on how a wrongful death case works then click here. This resource is a trusted online site dedicated to medical malpractice and wrongful death. There is a lot of information on the Internet about serious accidents and wrongful deaths, but it is smart to trust the advice of your San Diego car accident attorney because they have the experience and legal knowledge to give you the best advice.
We see a lot of clients that have been involved in bicycle accidents that lead to death. This is serious problem because bicyclists are easily injured when they are hit while riding their bikes. If this happens you need to contact a San Diego bicycle accident attorney and get the legal advice you need to make an informed decision.
Incidents and accidents that result in loss of a loved one are traumatic for the entire family. There’s nothing more tragic than the untimely death of a loved one. It is extremely haunting to know how it happened or what happened, especially if another party was in the wrong. In San Diego, California, you have all the right to file a wrongful death lawsuit, but there are several pitfalls that the family members of the deceased can get stuck in. Many of these cases are complex and demand a dedicated legal professional to expose all the facts and hold those who were at fault accountable. While no monetary value can bring back your loved one, lawful compensation can help you recover any loss of wages and burial expenses.
Wrongful death and relief
In legal terms, wrongful death is a fatality that occurs due to negligence or misdeeds of another individual, entity, or corporation. The fundamental goal of a wrongful death lawsuit is to offer damages (relief) to the plaintiff and also to deter the defendant from inflicting more harm on others. In a personal injury action, consideration is given to the income the victim would have brought home had they lived, and damages are offered to survivors based on this monetary loss.
Who can pursue a wrongful death claim?
State laws differ as to who can pursue a wrongful death claim. In San Diego, it is the immediate family members (parents, children and spouses); however, some states allow legal dependants, grandparents, or the extended family members to file suit especially if none of the immediate family members exist. The amount of relief awarded will depend on the relationship of the plaintiff to the victim. Compensation for damages may include but not limited to the following:
Direct pecuniary loss
This loss represents the actual financial loss incurred after the death of a loved one. Pecuniary loss is known by determining the exact cost as it appears in the bills, or paystubs. In a wrongful death case, examples of direct pecuniary loss may include:
• Loss of wages or income by the decedent
• All medical costs incurred as a result of the incident.
• Reimbursement for any punitive damages if negligence was proved to be criminal.
Loss of services and contributions
Surviving family members may receive compensation for services and contributions they would have obtained if the victim had lived. Such services or contributions may include the lost benefit of household chores, child support, and alimony. Also, in a case of a child who lost a parent, the child can also get compensated for the loss of guidance and advice he/she would have received from the deceased parent.
Loss of love and companionship
A surviving family member can also get compensated for the loss of companionship, love, comfort, affection, moral support, or solace. This is usually the most substantial category of relief in a wrongful death lawsuit as this is the most devastating impact of losing a loved one prematurely.
Burial and funeral expenses
Surviving family members can also get compensated for expenses related to the funeral and burial expenses, as long as these costs are reasonable.
Types of wrongful death cases common in San Diego, California
There are several incidents where a fatality can occur, but the most frequent are car accidents, motorcycle related accidents, pedestrian-auto accidents, defective products, and medical malpractice instances.
Car accidents commonly occur due to the negligence of the driver, meaning that the driver did not operate the vehicle in a responsible and careful manner. A driver should at all times exercise “reasonable care” while driving, and he/she may be deemed negligent for ignoring traffic signals, violating speed limits, or by being preoccupied with distracting activities like texting while driving or talking on a cell phone.
Accidents involving commercial trucks, semi-trucks, and tractor-trailers, especially accidents involving a truck colliding with a smaller car, can be severe due to the size and weight differentials of the automobiles involved. Truck accidents usually involve other issues other than errors made by the drivers because truck drivers in San Diego have special training and are regulated.
Some of the usual contributing factors to commercial truck accidents include:
• Load shifts or uneven cargo
• Illegal lane changes
• Alcohol or drug abuse
• Driver fatigue
The most usual cause of collisions between vehicles and motorcycles is the failure of the other driver to see the motorcyclist turning or changing lanes. Motorcycles are fast, small, and commonly have poor headlights all of which contribute to the usual difficulty in spotting them.
Some of the common factors that contribute to motorcycle accidents include:
• Drunk drivers
• Illegal lane changes
• Failure to yield
• Inexperienced drivers
Lack of supervision and maintenance of home swimming pools can cause severe injuries which may lead to death. Swimming pool owners should ensure that pool users can swim safely, and should be vigilant over their pool users.
Nursing home neglect and abuse
One of the most often wrongful death cases filed in San Diego involve claims of negligence or abuse of an elderly person who was under the care of a nursing home. Elder Abuse Act Lawyers in San Diego are extremely familiar with state laws and regulations as they relate to nursing home negligence, and will actively fight to ensure you receive the greatest compensation possible.
How does the San Diego statute of limitations affect wrongful death cases?
The California code of civil procedure section 335-349.4 dictates that the limit for a death caused in an unlawful manner is two years. If nothing is filed within this period, you will be legally barred from filing a lawsuit for the incident. What this means is that you need to consult with an attorney as soon as the death occurs. Yes, your emotions are there, and it will be painful to consult a wrongful death lawyer immediately, but it must be done. Though there are a few exceptions to this rule, it is best to file sooner than later.
Looking for the best San Diego wrongful death lawyer
When looking for the right San Diego wrongful death lawyer, it is crucial that you not only search for a law firm with vast experience in dealing with such cases, but also one with caring, compassionate lawyers and professional staff who will respect and understand the incredible suffering, sadness, and pain their clients are experiencing.
Here is the bottom line; if you recently lost one of your loved ones in a wrongful death that could not have occurred if it were not for someone else negligence, don’t delay. The best time to take the appropriate legal action is now! Just start the process by consulting a San Diego wrongful death lawyer.
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