If you’ve lost a loved one in a San Marcos accident, your life may never be the same. Further complicating matters, grieving families may suffer financial hardships after the death of a spouse, parent, or provider. During this time, it is important to know that you and your family are not alone. You may be entitled to recover monetary compensation from the “at fault” driver or party responsible for your loved one‘s death. To do this, you must file a wrongful death claim.
Causes of Wrongful Death
Wrongful deaths usually arise because of an act of negligence or because of an intentional or criminal act. A wrongful death lawsuit is a civil action filed by a surviving family member to recover damages. It is separate and different from any criminal proceedings that may also be pursued against the negligent party.
While any intentional or reckless act could cause wrongful death, the most common causes of wrongful death include:
Slip and fall accidents
Assault and battery
Who Can File a Wrongful Death Claim?
When a victim is killed in an accident or because of another person’s negligence, surviving family members may be allowed to file a wrongful death lawsuit to collect compensation. Not all family members are eligible to file a wrongful death claim after their loved one’s death. California Code of Civil Procedure Section 377.60 outlines the family members that are allowed to file this lawsuit. In general, the victim’s spouse, children, or domestic partners are given the first right to file a wrongful death claim. If the victim did not have a spouse or a child, then other family members may be able to file a claim, as long as they can establish their financial dependence on the victim.
Eligible family members may be able to seek compensation for both non-economic and economic damages, as well as punitive damages. This includes:
Burial and funeral expenses
Loss of future earnings
Pain and suffering
Loss of companionship, love and comfort
Loss of guidance or nurturing
Statute of Limitations for Filing Wrongful Death Claim
California families must file their wrongful death claims within two years of the accident. This is known as the statute of limitations. If your loved one was killed because of medical malpractice, you have three years from the date of the incident or one year from discovering medical negligence and injury. If you miss these deadlines, you may be prevented from ever filing a claim and collecting the money you need. An experienced and skilled San Marcos wrongful death attorney can pursue legal action on your behalf and ensure that you do not miss any critical deadlines for filing your wrongful death claim.
Contact Our San Marcos Wrongful Death Law Firm
Losing a loved one because of another person’s negligence can be heartbreaking and can leave your family in a state of turmoil. While no amount of compensation could ever replace your loss, you and your family should not have to shoulder unnecessary financial burdens as a result. Our San Marcos wrongful death law firm offers compassionate and aggressive legal representation for grieving families throughout San Diego, California.
With an office conveniently located in San Marcos, we offer legal services throughout the entire San Diego area, including San Marcos, Escondido, Encinitas, Poway, Carlsbad, Oceanside, Vista, Del Mar, Pala Mesa, Rancho Santa Fe, El Cajon and more. Contact Anthony Abbott, Attorney at Law at (760) 471-2322 or fill out our confidential contact form for a free initial consultation and review of your case. We’re ready to fight for you.