Experienced and Trusted Wrongful Death Law Firm

Wrongful Death Lawyers in San Diego

Attorneys Represent Victims of Wrongful Death in San Diego

The loss of a loved one is a devastating experience, especially if the loss is due to another driver’s carelessness. How could this happen? Was the other driver texting? What will we do now?

To the extent that it is possible at all, recovering after the death of a loved one starts with accountability. Time will help heal your pain, but seeing justice done can provide some degree of closure so that you and your family can begin the healing process. No one could ever replace the one you have lost, but how will your family get by without him? Though we cannot turn back the clock and prevent your loss, we can ensure the responsible party is held accountable. Your emotional struggle should not be compounded with financial challenges. You and your family may be able to recover money for final medical expenses, funeral expenses, lost wages over a lifetime, and the emotional trauma of losing that person’s love, support, and companionship.

If your loved one was killed in a San Diego car accident caused by another person’s negligence, you may be able to find justice and closure by holding the responsible driver accountable. Your family deserves this opportunity to seek justice in your loved one’s name.

Reach out to a San Diego personal injury lawyer who can help. Call Eugene Bruno & Associates at 1-888-BRUNO-88 (1-888-278-6688) for a free initial case consultation.

What Is Wrongful Death?

Wrongful death refers to a legal claim brought against a party whose negligent or intentional actions caused someone’s death. It allows surviving family members to seek compensation for the financial and emotional losses resulting from the death of their loved one.

Unlike other personal injury claims where the injured person seeks compensation for their damages, wrongful death actions are brought on behalf of the deceased person’s estate and beneficiaries, focusing on the impact the death has had on those left behind rather than the injuries suffered by the deceased before death.

Different Scenarios That Could Result in a Wrongful Death Case

In simple terms, liability for wrongful death is determined like other personal injury cases. However, the difference is one of degree, as the extent of the injury involved in a wrongful death case is the most severe: death.

The following cases can end up being a wrongful death claim:

• Car Accidents: If caused by negligence or reckless driving, resulting in death, family members can file for wrongful death.
• Uber, Lyft, Rideshare: Negligence by drivers or companies leading to fatal accidents can qualify for wrongful death claims.
• Truck Accidents: Negligence in truck operations causing fatalities may warrant wrongful death claims against drivers or companies.
• Motorcycle Accidents: Negligence by other drivers, road defects, or vehicle malfunctions causing fatal motorcycle accidents can lead to wrongful death claims.
• Dog Attacks: If a dog owner’s negligence results in a fatal attack, wrongful death claims may be pursued.
• Construction Site Accidents: Fatalities due to unsafe conditions or negligence by contractors or site owners can qualify for wrongful death claims.
• Product Liability Cases: Negligence in designing, manufacturing, or labeling products resulting in death can lead to wrongful death claims.
• Slip and Fall Accidents: Fatalities due to property owner negligence or hazardous conditions can result in wrongful death claims.
• Nursing Home Abuse and Neglect: Fatalities resulting from neglect or abuse in nursing homes can lead to wrongful death claims against facilities or staff.

Determining Liability in a San Diego Wrongful Death Case

Determining liability in wrongful death cases involves establishing negligence and proving fault. Firstly, it’s crucial to establish that the defendant owed a duty of care to the deceased, requiring them to act reasonably to prevent harm. Breach of this duty is proven when the defendant’s actions fall below the expected standard of care, directly linking their negligence to the death. Gathering evidence such as witness testimony, medical records, and accident reports is essential to support claims of negligence and causation.

In cases of shared responsibility, each party’s degree of fault must be assessed to determine their liability. Comparative negligence principles allow plaintiffs to recover damages proportionate to their fault, while contributory negligence rules in some jurisdictions may bar recovery if the plaintiff is even slightly at fault.

Building a strong case necessitates a deep understanding of legal principles and case specifics. Experienced legal counsel specializing in wrongful death litigation can offer invaluable guidance in assessing liability and seeking compensation for survivors.

Eligibility to File a Wrongful Death Claim

Typically, immediate family members such as spouses, children (including adopted children), and parents of the deceased person are eligible to file a wrongful death claim. These individuals are considered to have suffered the most direct loss due to the death.

In some jurisdictions, distant family members like siblings, grandparents, and, in some cases, cousins may also be eligible to file a wrongful death claim, particularly if they can demonstrate financial dependency on the deceased or if no immediate family members exist.

Individuals who were financially dependent on the deceased or who were in a committed domestic relationship (such as life partners or domestic partners) may also be eligible to file a wrongful death claim in certain states, depending on the laws and circumstances.

Each state sets its distinct time limits, known as statutes of limitations, within which a wrongful death claim must be filed. These limits can vary significantly from state to state, ranging from 1 to 3 years or more after the date of death or discovery of the cause of death. Failing to file within the specified statute of limitations can result in the claim being barred from court.

Compensation in San Diego for Wrongful Death Cases

Compensation in wrongful death cases aims to address both economic and non-economic losses suffered by the survivors due to the death of their loved ones. Compensation in wrongful death cases includes reimbursement for medical expenses incurred before death, coverage of funeral and burial costs, and compensation for the deceased’s lost income, including wages and benefits. Damages may also include compensation for the deceased’s pain and suffering, emotional distress suffered by surviving family members, and the loss of companionship and support the deceased would have provided. In cases of extreme negligence, punitive damages may be awarded to punish the defendant and discourage future misconduct.

Our San Diego Wrongful Death Attorneys Can Advocate for You

If you are seeking justice for the death of a family member in a preventable auto accident, Eugene Bruno & Associates can ensure that your family receives the compensation you deserve. Our lawyers have over 45 years of combined experience in representing real people like you against big insurance companies. Let Eugene Bruno & Associates help you and your family through this trying time.

Our firm is dedicated to providing personalized attention and one-on-one service through every phase of your case. We are aggressive litigators and effective negotiators who will seek the best possible result for your family.

Call one of our San Diego wrongful death attorneys at 1-888-BRUNO-88 (1-888-278-6688).

Additional Information

• Economic and Non-Economic Damages in Wrongful Death Cases
• What Does “Loss of Consortium” Mean in California Law?
• What If the Victim Dies Before Bringing a Lawsuit?