Was your loved one killed because of someone else’s actions in Carlsbad, CA? The at-fault party may owe your family significant compensation. Contact our team at Pines Salomon Personal Injury Lawyers by calling (858) 551-2090 to learn how our experienced Carlsbad wrongful death lawyer can help you maximize your financial award. Your consultation is always free of charge.
Our top-rated attorneys have over 80 years of experience helping injured clients and grieving families hold negligent people accountable. We’ve successfully recovered over $100 million in settlements and verdicts for our efforts.
We’re prepared to do everything possible to help your family get the compensation you need. Call our law offices to schedule a free consultation and learn more about how we can help.
Why Choose Pines Salomon Personal Injury Lawyers to Help My Family Recover Compensation for Wrongful Death in Carlsbad?
Losing a loved one often leaves families feeling helpless, overwhelmed, and weighed down by grief. If someone else was responsible, our Carlsbad personal injury attorneys are ready to take the lead and fight for justice.
Pines Salomon Personal Injury Lawyers is a top-rated firm that’s been helping families like yours for decades. Even the most powerful insurance companies in Carlsbad, California, recognize our name–and know they’re in for a battle–when you hire us.
We’ve been honored to receive multiple awards and recognitions over the years, including:
- Super Lawyers
- America’s Top 100 Personal Injury Attorneys
- Martindale-Hubbell’s AV rating
Are you ready to start fighting for your family’s future? Call our Carlsbad wrongful death lawyers for a free consultation today.
What Is a Wrongful Death in California?
A wrongful death in California is any death caused by another person. Wrongful death cases can be based on negligent acts or intentional wrongdoing.
For example, survivors may have valid wrongful death claims when a loved one died because:
- A careless driver ran a red light
- A doctor made a fatal mistake during surgery
- They slipped and fell down a flight of stairs due to negligently maintained property
- Someone intentionally harmed them, regardless of whether that person intended to cause death
Had the victim survived, they would have been entitled to file a personal injury lawsuit to recover damages from the at-fault party. Because their injuries proved fatal, the right to seek compensation transfers to their survivors.
How Do California Wrongful Death Lawsuits Work?
Wrongful death cases are civil matters. They’re designed to compensate the victim’s survivors for losses they have incurred due to the death.
California law only allows certain parties to file an action for wrongful death, including:
- A surviving spouse or domestic partner
- Children, including stepchildren
- Grandchildren
- The victim’s parents or legal guardian
- The victim’s dependents
When none of these parties exist, the victim’s personal representative can file the lawsuit on behalf of parties who would inherit the victim’s property under state intestate laws. Often, the personal representative is the person who formally files the lawsuit on behalf of the victim’s surviving family members.
No criminal charges are involved in wrongful death cases. If the defendant’s acts constituted a crime, the criminal case is entirely separate.
What is a Survival Action in California?
Survival actions are separate from wrongful death claims. Survival actions are meant to compensate the victim’s estate for losses the victim could have pursued before death.
Assuming the victim was not killed instantly, their estate can seek compensation for things like:
- Medical expenses paid between the date of injury and the date of death
- The victim’s lost wages between the date of injury and the date of death
- Property damage
- The victim’s pain and suffering
Essentially, wrongful death claims are meant to compensate survivors for their losses. Survival actions are based on the damages the victim suffered before death.
What Is My Carlsbad Wrongful Death Case Worth?
The value of a wrongful death claim depends on a number of factors.
Some of the most important include:
- How your loved one contributed to your family
- The identities of surviving dependents
- The losses suffered by children, a spouse, and parents
- Your loved one’s age and life expectancy at the time of death
- The nature of the at-fault party’s actions
- Your family’s financial costs, also known as economic damages
- The projected value of your loved one’s lost earnings, considering past education and work history
- The strength of the evidence
As the plaintiff, you have the burden of establishing your case value. The insurance adjuster may seem sympathetic to your family’s loss. That doesn’t mean they plan to hand over a full settlement. Even in the most tragic cases, the insurance company’s job is to maximize its own profits.
You don’t have to handle this battle alone. Our lawyers are skilled negotiators. When we step up to the negotiating table, count on us to have the strong evidence you deserve to support your claim. If the insurance deal isn’t acceptable, we won’t hesitate to put our skills to work for you at trial.
What Types of Damages Are Available to Survivors in a Successful Wrongful Death Case?
Damages in wrongful death cases are meant to compensate for any losses your family has experienced due to the untimely death of your loved one.
Examples of damages in wrongful death cases include:
- Any unreimbursed medical expenses that your family paid prior to death
- Loss of the victim’s financial support
- Lost healthcare benefits, retirement benefits, and other job-related benefits
- The value of household and childcare services provided by the victim
- Expenses related to your loved one’s funeral, burial, cremation, etc.
- Your family’s mental pain and suffering
- Loss of parental support and guidance
- Loss of the victim’s love, company, and affection
- Loss of consortium, or loss of a spouse’s support and companionship
As is true in every case, some damages are easier to prove than others. That said, wrongful death cases are particularly challenging. The bulk of your compensation award will likely be attributed to future financial losses and your family’s non-financial suffering.
Hiring an experienced Carlsbad wrongful death attorney is often the key to a family’s ability to recover the full amount they deserve. Our lawyers often work with experts whom insurance companies take seriously. With their help, you can be confident that the legal issues are handled.
How Much Does It Cost to Hire a Wrongful Death Lawyer in California?
Most law firms take wrongful death cases on a contingency fee basis. This is the typical fee arrangement in personal injury cases. Rather than charge an upfront fee, your lawyer’s fees will depend entirely on the amount of money they recover in your case.
Can I Recover Damages for Wrongful Death If My Loved One is Being Blamed for Causing Their Own Fatal Injuries in California?
California operates under a pure comparative negligence law. Assuming your loved one did share some fault for their own death, your family’s compensation will be reduced to account for their share of the blame.
When the defense accuses a victim of causing their own death, many families don’t know how to react. Many become frustrated and angry–and that’s understandable. When someone is trying to blame your loved one, contact our lawyers. We’ll step in and put a stop to any unfounded allegations.
What Causes Most Wrongful Deaths in California?
At Pines Salomon Personal Injury Lawyers, we represent grieving families who have lost loved ones in any number of situations, including:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Slip and fall accidents
- Dangerous property conditions
- Boating accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Assault
- Sexual assault
If you’re grieving the loss of a loved one, don’t hesitate to reach out for legal advice. Our attorneys will evaluate your case for free. During your free case review, we can offer insight into your legal options for recovering compensation.
How Do I Prove I Deserve Compensation in a Carlsbad Wrongful Death Case?
Most wrongful death cases involve accidental deaths. Your family will generally have to prove the elements of negligence to recover damages.
That means:
- The defendant had a duty of care
- They breached their duty
- That breach caused your loved one’s death
- Your family suffered damages
While your family is dealing with your recent loss, our lawyers will be searching for evidence. We have an entire team dedicated to building your case. All you have to do is call to get started.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in California?
The statute of limitations in wrongful death cases is two years. The two-year clock started running on the date your loved one died.
After the statute of limitations has passed, your family will be barred from seeking compensation.
Contact Our Carlsbad Wrongful Death Lawyers for a Free Consultation
You’ve already endured an unimaginable loss because of someone else’s actions. You shouldn’t be left to deal with the financial stress of that loss. To learn about your right to compensation, call a Carlsbad wrongful death attorney at Pines Salomon Personal Injury Lawyers for a free consultation today. We’re always here to discuss your case.
