Losing a loved one due to someone else’s negligence is a tragedy many people struggle to imagine. In California, families who suffer such losses may have legal grounds to seek justice through a wrongful death claim. At BD&J, we understand the emotional and financial toll of losing a loved one, and we’re here to help families navigate the legal complexities involved.
As a leading San Diego wrongful death law firm, we’re dedicated to holding responsible parties accountable and securing the compensation families deserve. If you’ve recently lost someone close to you through the negligence or recklessness of another party, we can help you explore bringing a wrongful death claim and any liability considerations that may affect your case. Our attorneys are here to help during this difficult time.
Common Causes of Wrongful Deaths
Wrongful deaths occur for all sorts of reasons, often due to negligence or misconduct by someone with a duty of care. Common causes include:
- Car accidents: Reckless or impaired driving, speeding, and distracted driving frequently result in fatal collisions.
- Medical malpractice: Errors such as misdiagnosis, surgical mistakes, or improper treatment can lead to fatal consequences.
- Workplace accidents: Construction site incidents, industrial equipment malfunctions, and exposure to hazardous substances can cause fatal injuries.
- Defective products: Dangerous consumer goods, faulty medical devices, and unsafe pharmaceuticals can lead to wrongful deaths.
- Criminal acts: Homicides and violent assaults are intentional acts that may warrant a wrongful death lawsuit.
Understanding the cause of wrongful death is the first step in determining liability and pursuing justice for grieving families. Picking apart the legal issues in these complex cases can be challenging for people who’ve recently lost a loved one, which makes having a capable lawyer in your corner more important than ever.
Who Can File a Wrongful Death Claim?
Under California law, only specific individuals are eligible to file a wrongful death lawsuit. People in this category include:
- The deceased’s spouse or domestic partner, including common law spouses
- The deceased’s children, both minor and adult
- The deceased’s parents or legal guardians, especially if the deceased was underage and in their custody
- Other dependents, such as stepchildren or putative spouses
- Individuals entitled to inherit under California’s intestate succession laws (if there are no immediate family members)
Since wrongful death claims involve a lot of complicated legal nuances, consulting an attorney is the only reliable way to determine your standing and what damages you may be entitled to.
Who Can Be Held Liable in Wrongful Death Cases?
Where liability falls in wrongful death cases heavily depends on the circumstances of the incident. Potentially liable parties include:
- Negligent or reckless drivers in fatal car accidents
- Medical professionals in malpractice cases
- Employers for unsafe work conditions
- Manufacturers or the distributors of defective products
- Property owners who fail to maintain safe premises for residents and visitors
- Perpetrators of violent crimes that lead to death
How to Prove a Wrongful Death Claim
To succeed in a wrongful death claim, plaintiffs must prove the following elements:
- Duty of care: The defendant owed the deceased a duty of care. Examples include a doctor who’s expected to provide competent medical care, a driver who’s expected to operate a vehicle safely, and an employer who’s expected to maintain a safe working environment.
- Breach of duty: The defendant’s negligence or misconduct violated their duty of care. This could be a doctor who acts outside accepted treatment protocols, a drunk driver, or the management of an unsafe workplace littered with hazards and other safety violations.
- Causation: The defendant’s actions directly led to the deceased’s death. Establishing fault is a major part of any wrongful death suit.
- Damages: The surviving family members suffer financial and emotional losses due to the death. Gathering evidence, such as medical records, witness testimonies, and expert opinions, such as those from a therapist, helps build a strong case.
What Compensation Can You Receive?
A wrongful death lawsuit can provide compensation for:
- Economic damages: Funeral and burial expenses, medical bills incurred before death, lost future earnings, and loss of household services.
- Noneconomic damages: Emotional distress, loss of companionship, and loss of parental guidance.
- Punitive damages: In cases involving gross negligence or intentional harm, courts may award additional compensation to punish and discourage the responsible party, whether it’s an individual or a collective entity such as a corporation.
While no amount of money can replace a loved one, financial recovery can help families manage their future and ease financial burdens.
How Long Do You Have to File in California?
California law imposes a strict deadline for wrongful death claims. The statute of limitations is 2 years from the date of the wrongful death. However, exceptions may apply in some special cases, such as:
- Medical malpractice cases: The deadline may be extended to 3 years from the date of injury or 1 year from when the injury was discovered.
- Government entity cases: Claims against government entities require filing a notice of claim within 6 months of the incident. Missing the deadline can result in losing the right to seek compensation, making it essential to consult a wrongful death lawyer.
How a Personal Injury Attorney Can Help
A wrongful death case involves complex legal procedures, and having skilled legal representation is critical. At BD&J, we assist families by:
- Investigating the cause of death and gathering evidence
- Identifying all liable parties and assessing legal options regarding them
- Negotiating with insurance companies for fair settlements
- Filing lawsuits and representing clients in court when necessary
- Providing compassionate legal support during the grieving process
Our San Diego wrongful death attorneys are committed to fighting for justice and ensuring families receive the compensation they deserve.
Get the Representation You Need to Fight a Wrongful Death Lawsuit in San Diego
Losing a loved one due to negligence or misconduct is a devastating experience for everyone who’s been through it. While no legal action can undo the pain of losing a partner, spouse, or child, getting the proper compensation from a wrongful death claim can provide financial security and a sense of justice for the survivors.
At BD&J, we’re dedicated to helping families through this difficult time with compassionate and skilled legal representation. If you’ve lost a loved one and believe negligence or recklessness was involved, contact our experienced San Diego wrongful death lawyers today for a free consultation. Let us help you navigate this challenging process and secure the justice your family deserves.
