The death of a loved one is full of complicated emotions and is overwhelming, especially if it occurred due to another person’s wrongful actions. Fortunately, California laws allow survivors of wrongful death victims to seek benefits for their loved one’s death. If you have lost someone close to you due to another person’s reckless or wrongful act, you’re within your rights to pursue financial compensation.
At Pasternack Injury Law Group, we understand how difficult such an unfortunate incident can be for you and your other family members. Our San Diego wrongful death lawyers are ready and poised to help you hold those responsible for your loved one’s death accountable. As your legal counsel, our goal is to protect your legal rights and help you pursue the maximum possible compensation for your loss.
Pasternack Injury Law Group proudly serves clients across Southern California. With offices in San Diego and Ramona, they are always near to help you with your case.
Reasons to Pursue a Wrongful Death Claim
A wrongful death claim is a civil action that may be brought against someone who negligently or wrongfully causes another person’s death. Although a wrongful death claim cannot bring back the person that you lost, there are many reasons to file, including pursuing financial compensation, seeking justice, and protecting others against future incidents.
Financial Compensation
Filing a wrongful death claim allows the decedent’s surviving loved ones to recover reasonable financial compensation to help cover outstanding medical bills, burial or funeral expenses, and lost wages.
Justice for Survivors
In addition, survivors can seek justice for their deceased loved one by filing a wrongful death claim. This will help hold the negligent party liable for their recklessness, wrongful actions, or willful misconduct.
Deterrence Against Future Offenses
Filing a wrongful death action can help hold the negligent party accountable and prevent such an avoidable or unfortunate incident from happening to another family or individual. In addition, this can help warn others about the possible consequences and implications of their reckless actions.
We recognize that no amount of financial compensation may be enough to bring back your loved one. Nonetheless, you can get deserved justice and the much-needed financial support after such an unexpected loss by filing a wrongful death claim.
What Constitutes Wrongful Death?
According to California law, a wrongful death claim may be brought when a person’s death is caused by the legal fault or misconduct of another person or entity, including intentional acts, medical malpractice, and negligence-based incidents.
Statute of Limitations
Additionally, California’s wrongful death statute of limitations is two years from the date of the death. This means that a wrongful death action must be commenced within two years from the date the death occurred.
Who Can File?
Under California law, any of the following parties may be eligible to file a wrongful death claim:
- The surviving spouse or domestic partner of the decedent.
- The surviving children of the decedent.
- The decedent’s surviving grandchildren.
- Any person who would inherit from the decedent’s estate by intestate succession.
- Any individual who was financially dependent on the decedent.
If you have lost a family member to another person’s negligent actions, you should contact a San Diego personal injury attorney immediately.
What You Need to Prove
However, to establish a wrongful death claim in California, the plaintiff must prove that:
- the defendant owed a legal duty of care to the victim;
- the liable party breached the expected duty of care;
- a death occurred;
- the breach caused the accident or injuries, which led to the victim’s death; and,
- the surviving loved ones suffered actual damages from the death.
An experienced California wrongful death attorney can help file your claims, seek to establish liability, and help you recover your rightful financial compensation.
Damages Available
There are many reasons and benefits to filing a wrongful death claim, many of which can benefit not only survivors but also future individuals who could become victims of a repeated offense. When a loved one loses someone due to another’s negligence, they deserve the opportunity to receive damages, which can help them move forward after the tragedy.
The following damages may be recovered by filing a wrongful death claim in California:
- medical expenses accrued before the victim’s death
- burial and funeral expenses
- lost income and other benefits
- mental anguish
- loss of love or companionship
- loss of care, guidance, support, or counsel
- lost earning capacity
- lost household services
- loss of the decedent’s guidance
- loss of consortium
- loss of sexual relations
- loss of financial support, gifts, or benefits
- punitive damages to further punish the liable party for their malicious or incredibly reckless behavior
Losing a loved one is never easy. But you can take essential steps to move forward after the tragedy. A practiced lawyer can represent your family’s best interests and help you pursue the maximum available damages for your loss.
Work With a San Diego Wrongful Death Attorney
Losing a family member can be a heartbreaking experience and might affect your mental and financial health. Nonetheless, you should never have to go through the pain and financial liability all alone. If you have lost a loved one in a negligent accident, retaining an experienced personal injury attorney is imperative to protect your legal rights and help you pursue deserved compensation.
At Pasternack Injury Law Group, we offer personalized attention and skilled representation to clients in their wrongful death claims. Our reliable legal team can evaluate and investigate every detail of your unique situation and explore your options to pursue damages. In addition, we will fight compassionately for your loved one’s rights and help you seek the financial justice you’re entitled to.
Contact us today to schedule a free consultation.
