The Leading Attorney for Wrongful Deaths in San Diego, CA
While it is never easy to lose someone you love, the experience is especially painful and difficult when you lose a loved one due to someone else’s careless or reckless actions. A wrongful death lawsuit in San Diego offers survivors a way to seek financial damages for the emotional and financial hardship of the loss.
Wrongful Death Claims in San Diego
California law allows the survivors of someone killed due to negligence or recklessness to file a wrongful death claim against the responsible party. In California, specific people may bring a wrongful death lawsuit, usually the spouse, child, or parent of the decedent. Filing a claim requires establishing that you suffered an emotional and/or financial hardship due to the death. Wrongful death claims are civil lawsuits, not criminal. A defendant may face a wrongful death lawsuit even if they do not face criminal charges for their actions, although criminal charges, especially a conviction, can strengthen a wrongful death claim. While many situations may lead to a wrongful death, the following are most common:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Construction accidents
- Swimming pool accidents
- Dog attacks
- Slip and fall accidents
Understanding Wrongful Death Damages
A survivor who files a wrongful death lawsuit in San Diego may be eligible for three types of damages:
- Financial support the decedent would have provided.
- Value of household services the decedent would have provided, such as child care.
- Loss of affection, moral support, and companionship.
Only specific people can file a wrongful death claim in California. Individuals first in line for a claim are the surviving spouse, children, and surviving children of the decedent’s children. A claim may be filed separately or jointly. If there are no survivors in the first category, parents, siblings, children of deceased siblings, and grandparents may file a claim. This may include putative spouses, step-children, and children of a putative spouse. These individuals can only file a wrongful death lawsuit if they can show they were dependent on the decedent at the time of death.
Contact a San Diego Wrongful Death Attorney
Wrongful death lawsuits can be very complex so it is important to seek legal counsel from a personal injury attorney who has experience with wrongful death claims. Wrongful death claims must also be brought within a strict statute of limitations. If you have lost someone you love due to the reckless or careless actions of someone else, contact Rawa Law Group to speak with a compassionate wrongful death lawyer in San Diego to explore your legal options.
Other Cities That We Service: Chula Vista, El Cajon