The passing of a loved one because of another party’s neglectful or wrongful actions is a traumatic and difficult experience to process. Compounding a family’s grief are the concerns over future financial needs and the desire to hold those at fault responsible.
Filing a San Diego wrongful death action is a legal process families could use to pursue a claim against those liable for a loved one’s death and recover compensation on their behalf. The attorneys at CaseyGerry have over 76 years of experience leading clients in their wrongful death lawsuits and advocating for their interests at every stage of the case. Reach out to us today to learn more about how we can help.
A wrongful death action is a civil lawsuit that applies when another party’s negligence or wrongful acts cause the death of another. The circumstances and events that caused a loved one’s death could determine who may be liable. The at-fault party could be an individual, an employer, a business, a property owner, or another entity responsible for the cause of death. Our lawyers in San Diego have experience helping clients file wrongful death actions involving:
California Code Section 377.60 governs the right of a person’s surviving family members to file a wrongful death action against those responsible. This right usually extends to a spouse, domestic partner, children, and grandchildren. If none of these people are alive at the time, other extended family members or the personal representative of the person’s estate may be able to file a claim.
Filing a wrongful death action in San Diego could serve two purposes for a grieving family. First, it is a formal process for obtaining recognition of a party’s role in causing the death of your loved one, which may offer closure. Second, it is the procedure for recovering compensation for damages you and your family have experienced. No amount of money could ever replace the void left by a family member’s passing, but our lawyers work to recover as much compensation as possible to help support the surviving family in the future.
The state generally allows the recovery of two types of damages in wrongful death cases. The first is economic damages, which cover the financial losses that result from a person’s death. Examples of these damages could include lost future earnings, medical expenses up to the time of death, funeral and burial costs, and any property damage the incident caused. Surviving family could also recover non-economic damages, which provide compensation for the deceased person’s pain and suffering as well as the emotional suffering of the family.
The deadline for filing a San Diego wrongful death action is generally two years from the date of a person’s passing. You must timely file a wrongful death action to preserve your right to pursue compensation against the liable party. Otherwise, the court could dismiss the case.
CaseyGerry employs some of the wisest personal injury and wrongful death lawyers in the area. This reputation among the legal community allows us to represent surviving family members with the advice and litigation skills necessary to achieve their goals. Contact our office today to schedule a free case review.
