San Diego Wrongful Death Lawyer

Compassionate Legal Support for Families Seeking Justice

Losing a loved one due to someone else’s negligence or misconduct is devastating. A wrongful death can leave surviving family members facing overwhelming emotional and financial challenges. In these difficult times, having an experienced wrongful death attorney on your side can help you navigate the legal process and seek the financial compensation you deserve.

At Greenberg Gross LLP, our legal team is dedicated to helping families in San Diego file a wrongful death claim and hold the responsible party accountable. We understand that no amount of money can replace a person’s life, but pursuing a wrongful death lawsuit can provide financial support and a sense of justice. Contact us today for a free consultation to discuss your case.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a deceased person loses their life due to someone else’s negligence, recklessness, or intentional misconduct. These claims can stem from various incidents, including:

  • Car accidents and motorcycle crashes
  • Medical malpractice and hospital negligence
  • Workplace accidents
  • Defective products
  • Premises liability incidents
  • Fatal accidents caused by intentional acts of violence

Under California wrongful death laws, the victim’s surviving family members, such as a surviving spouse, children, or legal guardians, may have the right to file a wrongful death lawsuit. Consulting a San Diego wrongful death lawyer can help determine your eligibility and guide you through the legal process.

Who Can File a Wrongful Death Lawsuit in California?

Not everyone can file a wrongful death suit. In California, the following individuals may be eligible to file a wrongful death action:

  • Surviving spouse or domestic partner
  • Children of the deceased person
  • Parents or legal guardians in certain cases

If you are unsure whether you can file a wrongful death lawsuit, a San Diego wrongful death attorney can review your case and help you take the appropriate legal action.

Proving Liability in Wrongful Death Cases

To succeed in a wrongful death lawsuit, you must prove liability by demonstrating that:

  1. The defendant owed a duty of care to the deceased person.
  2. The defendant breached that duty through negligence, recklessness, or intentional harm.
  3. The breach directly resulted in fatal injuries.
  4. The surviving family members suffered damages due to their loved one’s death.

Proving liability in many wrongful death cases requires thorough investigation, a detailed analysis or medical records, and favorable expert testimony. A wrongful death lawyer can gather evidence, interview witnesses, and build a strong case to help you seek compensation.

Recoverable Damages in a Wrongful Death Suit

A wrongful death claim allows surviving family members to recover compensation for both economic and non-economic damages, including:

Economic damages:

  • Medical expenses incurred before the deceased person’s death
  • Funeral costs and burial expenses
  • Loss of financial support and lost wages
  • Loss of household services

Non-economic damages:

  • Emotional suffering and distress
  • Loss of companionship and guidance
  • Pain and suffering endured by the grieving family members

In cases involving gross negligence or intentional harm, additional damages may be awarded. A San Diego wrongful death lawyer can assess the damages in your case and fight for a fair settlement.

The Legal Process for Filing a Wrongful Death Lawsuit

Pursuing a wrongful death claim can be complex, but an experienced attorney can help you navigate the court proceedings. The legal process typically involves:

  1. Investigation – Gathering evidence, medical records, and witness statements.
  2. Filing the lawsuit – Initiating a wrongful death suit against the responsible party.
  3. Negotiation – Seeking a fair settlement with the insurance company.
  4. Litigation – If a settlement is not reached, presenting the case in court.

Wrongful death laws impose strict deadlines for filing a claim, so it is crucial to act quickly. A San Diego wrongful death lawyer can ensure all paperwork is filed correctly and within the statute of limitations.

Why You Need an Experienced Wrongful Death Attorney

Wrongful death cases require legal expertise, especially when dealing with insurance companies and proving negligence. An experienced wrongful death attorney can:

  • Prove liability and establish negligence
  • Negotiate with the insurance company for a fair settlement
  • Represent you in court if necessary
  • Provide compassionate legal support throughout the process

At Greenberg Gross LLP, our San Diego wrongful death lawyers have the knowledge and experience to handle even the most challenging wrongful death cases.

Free Case Evaluation with a San Diego Wrongful Death Lawyer

If you have lost a loved one due to someone else’s negligence, you do not have to go through this alone. Our law firm is here to help you seek justice and financial compensation. Contact Greenberg Gross LLP today for a free case evaluation.

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in California?

California law generally allows two years from the date of the loved one’s death to file a wrongful death claim. However, certain factors may impact this timeframe, especially if a public entity is invalued, so speaking with a wrongful death lawyer as soon as possible is recommended.

What types of damages can I recover in a wrongful death case?

Surviving family members may recover economic damages such as medical expenses, lost wages, and funeral costs, as well as non-economic damages like emotional distress and loss of companionship.

Can a wrongful death claim be filed for medical malpractice?

Yes. If medical malpractice contributed to a fatal accident, surviving family members may have grounds for a wrongful death lawsuit against the responsible party, such as a hospital, doctor, or nurse.

How can a wrongful death attorney help my case?

A wrongful death lawyer can handle all aspects of your case, from investigating the circumstances of the wrongful death to negotiating with the insurance company and representing you in court.

If you are seeking justice for a wrongful death, contact Greenberg Gross LLP today for legal guidance and a free consultation.