Wrongful Death Claims Lawyer In La Jolla
Losing a loved one in an accident or due to medical malpractice is devastating and likely one of the most difficult times of your life. When someone else’s negligence causes your loss, you may be angry and want to hold the responsible party accountable. California law gives family members of wrongful death victims a way to recover financial losses and get some closure.
While no amount of money will bring your loved one back to you, it may ease the burden of medical bills, funeral costs, loss of future income and lost companionship. At the Law Offices of David A Kaufman, La Jolla attorney David Kaufman can help you file a wrongful death claim to help you obtain the compensation you deserve after an unfathomable loss.
How Does California Define Wrongful Death?
California law defines wrongful death as a fatality caused by another party’s negligence, recklessness or intentional misconduct. A wrongful death claim is a civil lawsuit that allows surviving family members of the deceased to seek financial compensation for their losses. These claims often arise from car accidents, workplace incidents, medical malpractice, defective products and violent acts.
To establish a wrongful death claim, the plaintiff must prove four key elements:
● A person has died.
● The death was caused by another party’s negligence or intent to harm.
● Surviving family members have suffered financial or emotional damages due to the death.
● A personal representative has been appointed to manage the deceased’s estate.
Unlike criminal cases, which focus on punishing the responsible party, wrongful death lawsuits seek compensation for surviving loved ones. The burden of proof is lower than in criminal trials, meaning the plaintiff must show that the defendant’s actions directly caused the death. While criminal charges may run parallel to a wrongful death claim, a civil lawsuit is independent and can proceed regardless of the outcome of any criminal case.
California law specifies who can file a wrongful death claim. The decedent’s spouse, domestic partner, children and grandchildren have first priority. If there are no direct heirs, others who were financially dependent on the deceased – such as parents, stepchildren or legal guardians – may be eligible to file a claim.
What Compensation Can Be Recovered In A Wrongful Death Claim?
A wrongful death claim provides financial relief to surviving family members by covering a range of economic and noneconomic damages. Compensation may include:
● Economic damages: This is compensation for medical expenses, funeral and burial costs, lost income and loss of financial support the deceased would have provided.
● Noneconomic damages: This is compensation for pain and suffering, loss of companionship, emotional distress and loss of guidance for children.
● Punitive damages: In cases of extreme negligence or intentional harm, the court may award additional damages to punish the wrongdoer.
Since wrongful death cases involve unique circumstances, compensation amounts vary. Consulting an attorney can help you understand what damages may be recoverable based on your specific situation.
Supportive Wrongful Death Representation Can Make A Difference
Wrongful death cases may arise from negligence-based accidents, medical mistakes, or even intentional acts. If you lost a loved one due to someone else’s negligence, attorney David Kaufman will evaluate your case and help explain your next steps.
Law Offices of David A Kaufman can help you with wrongful death cases arising out of various situations, including:
- Car accidents
- Medical malpractice
- Truck accidents
- Motorcycle accidents
- Premises liability
In California, surviving spouses or domestic partners, children and grandchildren can file a wrongful death lawsuit. If there is no surviving spouse or children, a suit can be brought by anyone entitled to inherit the decedent’s estate. This can include parents, siblings and other family members. When you work with the Law Offices of David A Kaufman, you will get supportive, compassionate and honest representation during one of the most challenging times in your life.
Don’t Delay In Filing A Wrongful Death Case
If you have lost a loved one due to someone else’s negligence, don’t hesitate to contact an experienced attorney. You only have two years from the date of the death to file a wrongful death claim in California. It is vital that you contact an experienced personal injury attorney as soon as possible to file your case before you lose the opportunity. Contact the Law Offices of David A Kaufman today at 619-830-4328 or online to schedule a consultation.