Some wrongful death claims may be resolved within a few weeks or months. Others could take a year or longer. It depends in part on whether it is resolved through settlement negotiations with the defendant’s insurance company or a trial in civil court. Usually, the latter will take considerably longer. With some claims, the report and the investigation by the police may be enough for the insurance company to accept responsibility, e.g., in an accident involving a drunk driver, the field sobriety test and eyewitness testimony may persuade the insurance company to agree to settle.
The compassionate attorneys at CaseyGerry can help during this challenging time. We can fight for your right to reasonable compensation and hold the parties responsible for your family member’s death accountable for their negligence. Schedule a free consultation today to learn more about the length of a San Diego wrongful death case.
San Diego wrongful death cases generally require filing within two years of the date of the death, not the date of the accident or event that caused the fatality. However, if it involves any local, state, or federal agency, you must file a notice of claim within six months. In medical malpractice cases, the statute of limitations is either three years from the death date or one year from the date that it was discovered that medical negligence caused the death, whichever comes first.
Even though you are still grieving and coming to terms with the loss of your loved one, it is critical to contact a wrongful death lawyer as soon as possible. Waiting too long can mean that valuable evidence that supports your claim can be lost. For example, if your family member was killed in a car crash, your attorney can try to obtain nearby surveillance video showing how the accident occurred. However, this type of footage is usually erased after 30 to 90 days.
Under California law, only certain family members or the personal representative of the decedent’s estate may file a wrongful death lawsuit. However, family members and the personal representative cannot both file suit. The late person’s surviving spouse, registered domestic partner, and children have priority. If the decedent was pre-deceased by a child, the surviving grandchildren also have standing.
If the decedent did not have a surviving spouse, registered domestic partner, or children, minor stepchildren dependent on the decedent for at least half of their support may file suit. If the decedent did not leave behind any surviving relatives or dependents, surviving relatives, based on California’s laws of intestate succession, may file a lawsuit.
To bring a wrongful death lawsuit in California, you must show that the defendant’s negligence, recklessness, or intentional act caused your family member’s death. The lawsuit must show that survivors suffered damages as a result. Although a wrongful death lawsuit is heard in civil court, it is possible to file such a suit even if the decedent was killed in a criminal act and the defendant was not charged or was acquitted in criminal court.
In some cases, proving negligence or recklessness is relatively easy. For example, as noted above, if your loved one was killed by a drunk driver with a high blood alcohol level with surveillance videos, eyewitness accounts, or other compelling evidence, the insurance company is more likely to settle. However, different circumstances may require your attorney to hire expert witnesses, such as accident reconstruction experts.
Remember that insurance companies may want to offer quick but low settlements. That is the business model. Never accept an insurance settlement before consulting an attorney. A wrongful death lawyer knows what constitutes a reasonable settlement amount based on the facts of your case. It is wise not to compound this tragedy by agreeing to an amount that is not sufficient to make up for what you lost financially.
Nothing brings your loved one back. Financial compensation, or damages, is the only restitution available for your loss. The damages in death claims may include economic and non-economic compensation.
Economic damages, which are relatively straightforward to prove, include:
Non-economic damages are more subjective. These may include:
Except for medical malpractice cases, California does not cap economic or non-economic damages in wrongful death cases. For medical malpractice, the cap as of 2024 is $550,000. Every January 1, the cap will increase by $50,000 until it reaches $1 million.
To learn more about wrongful death law, including the length of a San Diego wrongful death case, we offer free consultations for those who have lost loved ones in an accident caused by someone else’s negligent or reckless conduct. We will listen to your story, answer your questions, and offer an initial case evaluation at no cost or obligation. We know you and your family are suffering and want to help. Further, because we work on a contingency basis, you pay no legal fees unless you receive compensation.
