San Diego Wrongful Death Attorney

Get in Touch with a Wrongful Death Attorney in San Diego, CA

Coping with the loss of a loved one is never easy, especially when it’s a product of a wrongful death. It’s even more complicated when negligence may be to blame, leaving you unsure of what to do next.

If you’re caught in this situation right now, it’s best to seek the knowledge of a San Diego wrongful death lawyer as soon as possible so you can investigate.

Negligence in San Diego can lead to fatal accidents, including medical malpractice, car accidents, defective products, pharmaceutical liability, and hazardous workplaces. When it comes to elder abuse cases, neglect is also a frequent cause of death.

Criminal prosecution only applies to certain negligence cases, but you have the right to file a civil lawsuit to seek justice.. Contact a San Diego wrongful death lawyer today at Stipp Law for assistance.

What Damages Can You Get in a Wrongful Death Claim in San Diego?

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.

How Can You Consider a Death “Wrongful”?

A wrongful death occurs when a person’s death results from another party’s negligence, recklessness, or intentional actions. This can happen in cases involving car accidents, medical malpractice, defective products, workplace hazards, and more. If the death could have been prevented with proper care, it may qualify as wrongful.

What is the Difference Between a Criminal Charge and a Wrongful Death Lawsuit?

A criminal charge is brought by the state to punish someone for illegal actions, such as homicide or manslaughter, and can result in jail time or fines. A wrongful death lawsuit, on the other hand, is a civil case filed by the deceased’s family to seek financial compensation for their loss. Even if there is no criminal conviction, you can still pursue a wrongful death claim to hold the responsible party accountable in civil court.

Who Can File a Wrongful Death Claim in San Diego?

In California, only specific individuals can file a wrongful death claim. This includes the deceased person’s spouse, domestic partner, children, or, in some cases, parents and other dependents. If no immediate family members exist, a representative of the estate may be able to file on behalf of eligible beneficiaries.

How to Prove Negligence in a Wrongful Death Case

To establish negligence, you must prove:

1. Duty of care:  The responsible party owed a duty to the deceased (e.g., a doctor to a patient or a driver to others on the road).
2. Breach of duty:  They failed to act responsibly, violating that duty.
3. Causation:  Their actions directly led to the person’s death.
4. Damages:  The surviving family members suffered financial or emotional harm as a result.

Why Do You Need to File a Wrongful Death Claim?

Filing a wrongful death claim helps secure financial support for surviving family members, covering expenses like medical bills, funeral costs, and lost income. It also holds negligent parties accountable and seeks justice for the deceased. While no amount of compensation can replace a loved one, pursuing a claim can provide closure and financial stability for the future.

How Can a San Diego Wrongful Death Lawyer from Stipp Law 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.

Frequently Asked Questions

How long does a wrongful death lawsuit take in San Diego?

The timeline varies depending on the complexity of the case, the strength of the evidence, and whether a settlement is reached or the case goes to trial. Some cases resolve in a few months, while others can take years.

What if the deceased was partially at fault?

California follows a comparative negligence rule, meaning compensation may still be available even if the deceased was partially at fault. However, the total amount awarded may be reduced based on their percentage of fault.

Do all family members have to file the claim together?

Yes, California law requires that all eligible family members join in a single wrongful death claim. Multiple lawsuits cannot be filed separately.

Can I file a wrongful death claim against a government entity?

Yes, but claims against government agencies have shorter filing deadlines—typically just six months from the date of death. Different legal procedures apply, so it’s crucial to act quickly.

What if the responsible party doesn’t have insurance?

If the at-fault party is uninsured, compensation may still be possible through their personal assets, employer liability (if applicable), or other legal avenues. A wrongful death attorney can help explore your options.

Let Stipp Law Firm’s San Diego Wrongful Death Lawyers Help

Losing a loved one due to negligence is devastating, and navigating a wrongful death claim can be overwhelming. Our experienced attorneys handle everything—from investigating the case and gathering evidence to negotiating with insurance companies and representing you in court if needed.

Insurance companies and responsible parties will have legal teams working to minimize their liability. Make sure you have skilled legal representation fighting for your family’s rights.

Contact Stipp Law Firm today for a FREE consultation.