Successful wrongful death suits are built on expertise and dedicated research – which takes time. The sooner you consult with a reliable attorney, the sooner you can get started on building your case. Jurewitz Law Group Injury & Accident Lawyers has helped countless families throughout Southern California recover their rightful compensation after the death of a loved one. Let us do the same for you. Call a Carlsbad wrongful death lawyer today at (619) 233-5020.

Our team of wrongful death lawyers in Carlsbad is dedicated to providing compassionate advocacy and expert legal support to help you handle the emotional and financial challenges of pursuing a wrongful death claim.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by surviving family members or the estate of a person who died due to someone else’s negligence or wrongful act. This type of claim seeks to provide compensation for the various losses suffered by the family, including medical expenses, funeral costs, lost income, and emotional distress. Under California law, wrongful death claims are governed by specific statutes and regulations, making it important to understand the process and requirements to file a successful claim. By pursuing a wrongful death claim, families can seek justice and financial relief for the untimely loss of their loved one.

Read more: Top Three Causes of Wrongful Death Claims in California

Who Can File a Wrongful Death Claim?

In California, state law specifies who is eligible to file a wrongful death claim. The following parties can bring forward a wrongful death claim:

  • Surviving spouse or domestic partner
  • Children or grandchildren
  • Parents or grandparents
  • Putative spouse or children
  • Parties who would be entitled to the deceased person’s assets under state intestate laws

It is essential to recognize that only certain individuals are permitted to file a wrongful death claim, and the specific rules and regulations may vary depending on the circumstances of the case. Understanding who can file is a critical step in ensuring that the claim is valid and can proceed in civil court.

Statute of Limitations for Wrongful Death Claims

In California, the statute of limitations for filing a wrongful death claim is two years from the date of the victim’s death. This means that the claim must be filed within this two-year period, or the family will lose their right to seek compensation. However, there may be exceptions to this rule, such as cases involving government entities or other specific circumstances. Therefore, it is essential to consult with an experienced wrongful death attorney to determine the exact deadline for filing your claim and to ensure that all legal requirements are met.

How a Carlsbad Wrongful Death Attorney Can Help

A wrongful death attorney in Carlsbad can provide invaluable assistance to families who have lost a loved one due to someone else’s negligence or wrongful act. An experienced attorney can help handle the complex legal process and requirements for filing a wrongful death claim. They will gather evidence and build a strong case to support the claim, negotiate with insurance companies and other parties to secure fair compensation, and represent the family in court to advocate for their rights and interests. By hiring a skilled and experienced wrongful death attorney, families can ensure that they receive the compensation they deserve and that justice is served.

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Here at Jurewitz Law Group Injury & Accident Lawyers, we know that a traumatic brain injury can leave a lasting impact on its victim. Carlsbad wrongful death attorneys play a crucial role in supporting individuals who have suffered such injuries due to accidents involving negligence. When you work with a Carlsbad personal injury attorney at our office, you can be sure that you will be treated with respect and compassion. To discuss your case, contact our wrongful death attorneys in Carlsbad now at (619) 233-5020. Our firm can get you the compensation you deserve.

Attorneys Answer Carlsbad Wrongful Death FAQs

The plaintiff must be able to establish that: (a) the defendant owed a duty of care to the deceased; (b) the defendant failed to exercise reasonable care and thus breached his/her duty; (c) the defendant’s negligent actions contributed directly to the death of the deceased; and (d) the plaintiff suffered considerable economic and non-economic losses as a result of the decedent’s death.

Yes, there are more ways than one to contribute to the family, even if the deceased person didn’t have a job. If your loved one performed housekeeping‚ childrearing‚ and other important activities‚ you may pursue compensation for the loss of those services. You may also recover for the loss of companionship in addition to medical and funeral expenses.

Wrongful death statutes and jurisprudence in California do not allow claims based on the loss of an unborn child. One is only considered legally alive at birth‚ and therefore‚ a fetus is not granted the rights of personhood.

Yes, you can sue for the death of a child or an elderly loved one if the victim died due to negligence or wrongful acts (elderly abuse). However‚ you will likely recover only damages based on the non-economic contributions (companionship‚ guidance‚ affection‚ etc.) or the services your child or elderly loved one provided to the family. Monetary losses are usually only considered in cases where the claimant was a financial dependent of the decedent.

In the state of California‚ the representative or successor of a deceased individual can continue with a lawsuit that was pending at the time of the decedent’s death. These lawsuits are commonly known as “survival actions.” Damages recoverable in survival actions include “the loss or damage that the decedent sustained or incurred before death‚ including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived‚ and do not include damages for pain‚ suffering‚ or disfigurement” (Code of Civil Procedure Section 377.34).

Unfortunately, the state imposes a cap of $250,000 on non-economic wrongful death damages in medical malpractice cases. Claimants should also be aware of the complicated procedural rules for filing a wrongful death case involving medical malpractice‚ such as the requirement that the defendants be notified at least 90 days before an action is filed.

It is understandable if you are feeling distraught and confused after the unjust and preventable death of a loved one. Jurewitz Law Group Injury & Accident Lawyers is here to help. Please bring all of your questions and concerns to us and we’ll do our best to give you the answers you need. For a free consultation‚ call our office or submit an online contact form and one of our dedicated staff will get back to you promptly.

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