Although the wrongful death of a loved one is a painful loss, family members must still establish responsibility when making a claim. Families determining negligence in San Diego wrongful death claims may need legal assistance to prove fault to a judge or a jury. However, the legal elements of negligence are only one part of building a case.
At CaseyGerry, we understand that this is a difficult time for your family. A wrongful death attorney from our firm could review your case and help you gather the necessary evidence to pursue compensation for your loved one’s death.
Establishing fault in a San Diego wrongful death claim is no different than proving negligence in other cases. The claimant must show that:
For example, a property owner is responsible for keeping stairs in good repair. If broken stairs cause a fatal fall, the property owner may be liable for the victim’s death. The victim’s family can sue the property owner for any losses they suffer as a result of that death.
An attorney from our practice can help demonstrate the connection between the defendant’s actions and the victim’s death. We can also help you counter any claims that the victim contributed to the accident.
It is very rare for an accident to be entirely the fault of a single person. In some cases, a defendant may challenge the attribution of responsibility in a San Diego wrongful death claim and say the victim contributed to their own accident. Fortunately, the state’s comparative negligence law protects families pursuing wrongful death claims.
Under comparative negligence law, the court reduces your recovery by the percentage of fault. This means that even if your family member was partially at fault for the accident, you can still recover partial damages. For example, if the victim was 10 percent at fault in the accident, the defendant must pay 90 percent of the damages awarded. Our attorneys at CaseyGerry can work to minimize the degree of fault attributed to the victim and pursue the full compensation you may be entitled to.
Filing legal claims after the death of a loved one is not an easy task. At CaseyGerry, we understand that you may still be processing everything that happened. Our attorneys have extensive experience determining negligence in San Diego wrongful death claims, as well as the skill and compassion you need to discuss the facts and develop a strong case.
Since 1947, we have had over seven decades of experience fighting and winning cases for our clients. We work on a contingency fee basis, meaning you do not pay until we settle or win your case. If the case goes to trial, we handle all the financial costs of litigation. Contact us at CaseyGerry for a free and confidential consultation to learn more about your options.
