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Encinitas Wrongful Death Attorney

If you lost someone you love in an accident caused by a negligent person or party, you need to know that you have rights. One of those rights is that family members of the victim may pursue a wrongful death claim in civil court. A San Diego wrongful death attorney at Padilla Law Group, LLP, can help you with a lawsuit to help eligible family members to claim economic damages, such as loss of financial support and non-economic damages.

While certainly tragic, a wrongful death in San Diego doesn’t mean you have to suffer in silence. The caring and dedicated California wrongful death attorneys at Padilla Law Group, LLP, have handled a wide range of wrongful death claims, from job site injuries to motor vehicle accidents, and can help you get the compensation and settlement you are entitled to. Please contact an attorney specializing in wrongful death today for a FREE case evaluation.

What Wrongful Death Lawyers At Padilla Law Group, LLP, Can Do For You

What is wrongful death?

Generally speaking, it refers to a death that was caused by the negligent or careless actions of another individual, company, or entity.

Although many pursue wrongful death claims, fighting these battles in court during what is an extraordinarily emotionally taxing time can demoralize you even further, and even diminish your ability to make the best claim. When you hire Padilla Law Group, LLP, we take the burden off you by acting as your representative and your voice, so that you can concentrate on addressing your grief without the worry of managing a lawsuit.

Who Can Sue For Wrongful Death In California?

California law survival statute states that certain family members are entitled to sue for wrongful death. These people include:

  • The surviving spouse, domestic partner, children, and offspring of deceased children
  • Dependents of the victim, and the spouse, children of the spouse, stepchildren, or parents, if the spouse was involved in a voidable relationship without knowing it was invalid.
  • A minor, if he or she resided with the victim for 180 days prior to the death, and if the victim provided more than half of the minor’s financial support.

Deadlines And Statutes Of Limitations

There are certain deadlines that have to be met during a wrongful death case in California. For instance, the statute of limitations is two years. The clock starts ticking on this deadline as soon as the other person passes away. This could happen for a variety of reasons, from medical malpractice to motor vehicle accidents to premises liability accidents. But regardless of why the death occurred, the statute of limitations is two years. That’s why it’s important not to put off your case and to begin looking into all of your legal options with an experienced attorney as quickly as you can.

What If The Deceased Was Partially At Fault For The Accident?

This can sometimes reduce compensation, but it does not make it impossible to seek compensation in the first place. This is because California uses the legal doctrine of pure comparative negligence. A person may receive a percentage of the damages, reduced by their own fault or liability. If your loved one was 10% at fault, for instance, then your family may receive 90% of the compensation you would have received otherwise. However, being partially at fault does not negate or prevent the case.

Types Of Compensation Available

After a wrongful death, there may be multiple types of compensation that you or your family members can seek. It is important to think about both the short term and the long-term costs when negotiating or taking the case to court and litigating. Potential types of compensation include:

  • Medical bills
  • Funeral costs
  • Burial costs
  • Lost wages
  • Lost future earnings
  • Loss of consortium
  • Pain and suffering
  • Emotional distress

In addition to these economic and noneconomic damages, there may be some cases in which the other party is given punitive damages by the court. This would be an additional type of compensation designed to punish the at-fault party for their negligent or reckless behavior; under California law, this can typically only be used if the other party also committed a felony.

San Diego Attorneys At Padilla Law Group, LLP, Can Start Your Wrongful Death Lawsuit Today

If a loved one or family member has died, contact a compassionate and dedicated attorney at Padilla Law Group, LLP, as soon as possible. The law only gives you a certain amount of time to seek economic and non-economic damages, but after that time elapses, you can do nothing to get the justice your loved one deserves.

You have already lost so much. Don’t miss out on your chance to recover financial compensation for your suffering.

The time is now to get the justice your lost loved one deserves. Please fill out our free initial contact form and get in touch with an attorney at Padilla Law Group, LLP, today to learn about your specific options.