San Diego City Wrongful Death Lawyers
When a loved one dies suddenly, the loss is always overwhelming. It is even more painful when you learn the family member’s death occurred because of someone else’s actions or inactions. Your life and that of your family are changed forever.
The compassionate personal injury lawyers at Ellis Injury Law know that financial compensation cannot replace the loss of a loved one. Nothing can do that, but such funds can help to rebuild your lives. For more than two decades, our experienced attorneys have assisted those suffering such a devastating loss.
Wrongful death
Wrongful death generally involves preventable accidents or deliberate actions. The latter may involve the criminal justice system, but a wrongful death lawsuit is filed in civil court. Motor vehicle crashes lead the list of wrongful death causes but other common reasons for such tragedies include:
- Defective drugs
- Defective products
- Drowning
- Falls
- Fires
- Firearms accidents
- Homicide or manslaughter
- Poisoning
- Workplace accidents
Via a thorough investigation, a wrongful death lawyer can determine which parties are responsible for the person’s death, and hold these entities accountable. Although surviving family members are in mourning and trying to cope with the pain, obtaining legal counsel as soon as possible is critical.
Who can file a wrongful death lawsuit
Under California law, only certain family members may file a wrongful death lawsuit after the loss of a loved one. Based on priority, these are the:
- Spouse
- Domestic partner
- Children
If the deceased did not leave these family members behind, then other relatives, according to the California law of intestate succession, may file a lawsuit.
Under the state’s statute of limitations, such lawsuits require filing within two years of the death date. However, if any type of government agency is involved, the deadline for filing such a lawsuit is just six months from your loved one’s death.
Survival actions
Along with a wrongful death lawsuit, family members may file a survival action, if the victim lived for any amount of time after the injury that eventually killed them. Wrongful death compensation may include medical bill reimbursement, funeral, and burial costs, the deceased’s lifetime lost income and loss of marital or parental companionship.
Furthermore, a wrongful death lawsuit does not permit punitive damages, which are meant to financially punish those liable when their actions were particularly egregious. A survival action does allow for punitive damages, as well as compensation for the pain and suffering endured by the victim prior to his or her demise.
Contact San Diego City wrongful death lawyers
If you lost a family member because of another party’s reckless or negligent actions, a personal injury attorney at Ellis Injury Law is here to help in your time of need. Arrange a free consultation by calling 24/7 or contacting us online. We will discuss a wrongful death claim and whether filing a survival action is appropriate. Most cases are settled, but we will take the case to trial, if necessary. Your case is taken on a contingency basis, so there is no fee unless we win. Se habla español.