Losing a loved one leaves surviving family members with a deep sense of loss. But when a loved one dies unexpectedly in an incident caused by someone else’s misconduct or negligence, that grief can be overwhelming and devastating for each member of the surviving family. In many cases, mourning can even turn to anger as you realize this untimely death came at the hands of those who should have prevented it. The Carlsbad wrongful death attorneys at Jurewitz Law Group Injury & Accident Lawyers want you to know that anger is justified and, more importantly, that you are not alone during this trying time.
The negligent or reckless actions that caused the death of a loved one shouldn’t go without answers and accountability, and we will do everything in our power to get justice for you and your family. We know that no amount of money can replace your loved one, but financial compensation can pay for unexpected medical or funeral expenses and protect you and your family financially in the future.
If you have lost a loved one due to someone else’s negligence, recklessness, or intentional acts, contact the Carlsbad wrongful death attorneys at Jurewitz Law Group Injury & Accident Lawyers today. Your initial consultation is free, and we will be ready to answer your questions and review your legal options as you make this important decision.
Do I Need a Wrongful Death Attorney?
There is no right way or specific amount of time when it comes to grieving. Everyone goes through this trying and devastating period of life differently. While you never truly get over losing a loved one, the freedom and space to grieve properly are essential in moving forward. The Carlsbad wrongful death attorneys at Jurewitz Law Group Injury & Accident Lawyers want you to gain this freedom without the stress of worrying about whether you can pay your mortgage or if you filed your wrongful death claim correctly. That is our job, and for nearly 15 years, it’s a responsibility that we’ve taken to heart every single day we go to work for clients in the San Diego area and throughout Southern California.
An aggressive and skilled wrongful death attorney will be ready to stand up for what is right. Holding the individual or company responsible for your loved one’s death can be a long and difficult process, but it’s also an important one that can seriously impact you and your family for the rest of your lives.
Call an experienced Carlsbad wrongful death attorney today even if you think your case is air tight and winning compensation is inevitable. When it comes to personal injury law, there’s rarely a sure thing. When insurance companies get involved, for example, cases can get messy. Let us handle your case so you can focus on grieving your loved one the way you need to.
Why Choose Jurewitz Law Group Injury & Accident Lawyers to Handle my Wrongful Death Case?
Understanding the need for a wrongful death attorney is just the first step. The next, and far more important, one is choosing the right law firm to represent you and handle your claim. Firm co-founder and managing partner Ross Jurewitz and his highly skilled team have the necessary experience and the deep understanding of the tricks and tactics insurance companies use to deny or severely underpay a claim. We see it firsthand in conference rooms and courtrooms every day. We hear the heartbreaking stories from victims just like you who are trying to move forward but can’t because of bad faith insurance companies.
At Jurewitz Law Group Injury & Accident Lawyers, we treat every person who walks through our doors with the highest level of care and respect, even if they ultimately decide not to hire us. What truly sets the Carlsbad wrongful death lawyers apart is our tenaciousness toward preparing every case with the mindset that we’re going to trial. We won’t settle or take the first offer, and we won’t leave money on the table if you deserve more. And with our no-fee guarantee, we promise to not charge you any legal fees unless we win.
Wrongful Death Cases We Handle
Wrongful death claims occur in situations where the victim would typically file a personal injury lawsuit had they not passed away. This does not include workplace accident deaths which are ordinarily dealt with by the deceased person’s workers’ compensation carrier.
Some of the most common situations that lead to accidental death include the following:
- Automobile‚ motorcycle and truck accidents — Whether a driver was operating an 18-wheeler‚ an ATV or a standard four-door car‚ if someone dies as a result of negligent or reckless behavior behind the wheel, the driver may be held liable.
- Bicycle and pedestrian — Because cyclists and pedestrians aren’t physically protected in the same way as motorists‚ these types of accidents often end in severe injury or death. In cases where the motorist was distracted or drunk, you may have a wrongful death claim.
- Medical malpractice — We trust doctors, nurses, and other medical professionals with our health and livelihood. Unfortunately, they don’t always live up to those standards. When mistakes occur due to grossly negligent actions by healthcare providers, you can take legal action.
- Defective products — When companies rush out a faulty product or ignore warning signs from testing and experts, they are putting innocent consumers at risk. Defective products include automobile parts, construction equipment, and even children’s products can be lethal.
- Criminal acts — If a loved one was tragically killed by someone in the commission of a crime, we will seek to hold the perpetrator financially liable.
Who Can File a Wrongful Death Claim?
Losing a loved one in a tragic accident can upend your life. You want answers, and you want justice. Unfortunately, not everyone with a relationship to the victim can take legal action and file a wrongful lawsuit seeking damages.
In the state of California, the following family members of the deceased (or their legal representatives) can seek compensation through a wrongful death lawsuit:
- Surviving spouse or domestic partner
- Children
- Grandchildren, if the deceased’s children are not alive
- Other minor children (like stepchildren) who depended on the victim for at least 50 percent financial support
- Other individuals who, under California’s intestate succession law, had claim to the deceased’s property. This is only permissible if there is no other surviving person from deceased’s line of decent. In most cases, this includes surviving parents or siblings.
If you believe you have a viable claim, talk with a Carlsbad wrongful death attorney to make sure you qualify.
What Damages Can I Recover in a Wrongful Death Claim?
In California, surviving family members can pursue money damages in a wrongful death claim or lawsuit, even if the deceased survived the incident initially but passed at a later date. The specific amount of financial compensation depends on the facts and circumstances. Damages or losses are usually divided between the deceased’s estate and family members.
Some of the most common losses attributed to the estate include the following:
- Burial and funeral costs
- Medical bills related to the deceased’s illness or injury before passing
- Lost income and potential income the deceased person would have earned had they not died.
Other losses surviving family members can pursue include:
- Loss of future financial support, especially if they were the primary source of income for the family.
- Value of household services
- Loss of love, attention, support, and guidance
- Loss of companionship
- Mental/emotional pain and suffering
In some cases, the family can also pursue punitive damages when death occurred due to a willful act or the defendant acted in a way deemed grossly negligent.
Why Time is Not on Your Side
As in all personal injury cases, surviving family members do not have unlimited time to take legal action and file a wrongful death lawsuit. The state of California has enacted a statute of limitations that specifies the finite amount of time family members can pursue legal action. California law requires the filing of a wrongful death lawsuit within two years of the person’s death. Waiting to file your case after the two-year deadline expires almost always your case will be tossed out of court. The rigidness of the statute of limitations makes it imperative that you consult a wrongful death lawyer as soon as possible so you can ensure you file on time and have a chance at recovering damages.
Contact a Carlsbad Wrongful Death Lawyer Today
The sadness and grief you’re currently experiencing may leave you feeling isolated and alone. While filing a lawsuit cannot undo the grievous harm done to your family‚ it can help ease the financial burden you may be experiencing in the days‚ months, and years following, especially if your loved one was the primary breadwinner.
At Jurewitz Law Group Injury & Accident Lawyers, the Carlsbad wrongful death lawyers want you to know that we are here to stand by your side every step of the way. We are dedicated to securing the maximum amount of compensation available to your family and providing aggressive representation in a court of law.
To learn more about your legal options, call us or reach out online to schedule a free consultation.
