San Diego Wrongful Death Attorney

WRONGFUL DEATH

When you lose a loved one there are always questions about what could have gone differently or how did it even happen.  It is difficult to process this loss especially when there is possible negligence involved.  If a surviving family member or estate feels like there was negligence in the loss of a loved one, it is advisable to seek the assistance of a San Diego wrongful death attorney as soon as possible to commence an investigation.

Like in other areas, negligence in San Diego can result in a range of fatal accidents, including car accidents, medical malpractice, pharmaceutical liability, defective products, and hazardous premises. In elder abuse cases, neglect and abuse are frequent causes of death.

When a loved one dies due to someone else’s negligence, seeking justice becomes a priority. However, beyond criminal prosecution, which only applies to certain negligence cases, a civil lawsuit is the only way to pursue justice.

The law outlines specific individuals who can file a wrongful death lawsuit. Generally, a spouse has first rights to file, followed by children, both biological, adopted and step, siblings, and parents.  For instance, if your grandmother passes away, and your parents are no longer living, you can file a wrongful death claim. On the other hand, if your parents are still alive, you cannot file a claim individually.

How CAN A SAN DIEGO WRONGFUL DEATH ATTORNEY Help?

At Stipp Law, we will guide you with care during this sensitive time. In California, the statute of limitations is 2 years to file a wrongful death suit. In the suit, we must prove the neglectful act was responsible for someone’s death, meaning it must be a significant contributing factor. While this standard may appear challenging to achieve, the legal definition of “substantial factor” is not that high. It refers to anything beyond a remote or trivial cause. Additionally, there may be multiple negligent causes of death, and each can still be considered a substantial factor. Consequently, multiple people or entities can be held liable for one person’s demise. Our law firm has a team of experts that will maneuver through the factors that led to your loved one’s death.

What damages CAn be awarded?

There are two types of damages, economic and non-economic.
Economic damages can be collected on behalf of the deceased. These include medical expenses, loss of earnings, property damage, benefits, funeral and burial expenses and the reasonable value of household services.
Non-economic damages for the loss of a loved one include loss of love, companionship, comfort, protection, affection, society, moral support, training, guidance, and sexual relations.

Evaluating the value of each family member’s non-economic damages can be challenging, as it largely depends on the strength of their relationship with the deceased. The closer the relationship, the higher the case’s value.

The laws governing wrongful death claims, liability, the right to sue, and the available damages are complex and require the expertise of an experienced wrongful death attorney in San Diego. We have dealt with many wrongful death cases and would be happy to help you.