Did you lose a loved one in an accident in Chula Vista, CA? Contact Pines Salomon Personal Injury Lawyers today at (858) 551-2090 for a free consultation. Our Chula Vista wrongful death attorneys can help you recover compensation and move forward with a sense of justice during this difficult time.
Our lawyers have over 80 years of combined experience and have recovered more than $100 million for our deserving clients to date. We are here to fight for your rights with the utmost care and determination. Get in touch with Chula Vista personal injury lawyers for more information about your legal options.
Why Choose Pines Salomon Personal Injury Lawyers for Help with My Wrongful Death Claim in Chula Vista, California?
When you’re grieving the loss of someone close to you, legal action may be the last thing on your mind. But pursuing a wrongful death claim can ease the financial burden left behind and hold the responsible party accountable. Our Chula Vista personal injury attorneys can take on the legal burden while you focus on what matters most.
Families across Southern California turn to Pines Salomon Personal Injury Lawyers because:
- We have decades of success handling complex wrongful death cases.
- Our trial attorneys are trusted litigators and skilled negotiators.
- We’ve secured over $100 million in settlements and jury verdicts.
- We’ve received awards on both the local and national levels for our work.
Insurance companies know which law firms are willing to go to court. We’re not afraid to take a case to trial, and that gives us leverage when negotiating on your behalf in Chula Vista, California.
From the moment you hire us, we’ll be working to build the strongest possible case for full compensation. Call our Chula Vista wrongful death lawyers to schedule a free consultation.
What Is Considered Wrongful Death in California?
Per California Code of Civil Procedure § 377.60, wrongful death occurs when a person dies as a result of another party’s “wrongful act or neglect.”
Some examples of situations that can lead to a wrongful death claim include:
- Fatal car, truck, or motorcycle accidents
- Medical malpractice
- Defective product injuries
- Dangerous property conditions
- Worksite or construction accidents
- Criminal acts such as assault or drunk driving
Wrongful death is a civil claim, separate from any criminal charges the at-fault party might face. A person or company can be held liable in civil court even if they are never convicted of a crime.
Civil cases have a lower burden of proof: liability must be shown “by a preponderance of the evidence,” rather than the “beyond a reasonable doubt” burden typically used in criminal cases.
Who Can File a Wrongful Death Claim in California?
Only certain people are allowed to bring a wrongful death claim under California law.
Usually, the right to file follows this order:
- Spouse or domestic partner of the deceased
- Children or grandchildren of the deceased
- Dependent minors living in the deceased’s household
- Other heirs or beneficiaries, such as parents or siblings, in some cases
A separate but related claim, known as a survival action, may also be filed by the representative of the deceased’s estate. This action seeks compensation for losses the decedent could have claimed if they had survived the accident, like pain and suffering or medical bills prior to death.
How Much Is a Wrongful Death Case Worth in Chula Vista?
No amount of money can replace the person you lost. However, a wrongful death claim can help ease the financial strain caused by their passing.
The value of your case will depend on a number of different factors, including:
- The age and health of the deceased
- Their income and earning capacity
- The cost of medical care provided before death
- Funeral and burial expenses
- The emotional impact of the loss on surviving family members
- Whether the deceased provided care, support, or guidance to dependents
Because every case is different, it’s important to speak with a lawyer who can assess the full impact of your loss. Our team will take the time to understand your circumstances and fight for the compensation your family deserves.
What Damages Are Available in a California Wrongful Death Lawsuit?
Wrongful death claims provide two main categories of compensation. The first type covers the economic and non-economic losses suffered by surviving family members. The second type is available through a survival action, which accounts for losses experienced by the deceased before they passed away.
Damages available in a wrongful death claim may include:
- Loss of financial support that the deceased would have provided
- Loss of companionship, guidance, and care
- Loss of household services that the deceased regularly performed
- Funeral and burial costs, up to a reasonable amount
In a survival action, compensation may include:
- Medical bills for treatment received before death
- Lost income from the date of injury until death
- Property damage
- Pain and suffering endured before death (in limited cases)
Punitive damages may be available in rare survival action lawsuits, but are not typically awarded in California wrongful death lawsuits.
Our attorneys will evaluate every detail of your case to ensure you seek the full range of damages allowed under California law. We know how to present strong evidence to support the value of your claim, whether through settlement or litigation.
How Much Does It Cost to Hire a Wrongful Death Attorney in Chula Vista, CA?
Our services will cost you nothing upfront. We know how overwhelming it can be to face legal issues after a family member’s death. That’s why we work on a contingency fee basis, which means we only get paid if we recover compensation for you.
There are no hourly fees, retainers, or out-of-pocket legal expenses. We will advance the costs to handle your case and are only reimbursed if we win. If we don’t recover money for you, you owe us nothing in attorney’s fees.
What if My Loved One Was Partially at Fault for Their Accident?
You may still be able to recover compensation. California uses a pure comparative fault law in wrongful death cases. That means your family can usually still recover damages even if your loved one was partially responsible for the accident.
However, the amount of compensation will likely be reduced based on their percentage of fault. For instance, if your loved one was found to be 40% responsible, your recovery might be reduced by 40%.
Insurance companies often try to blame the deceased to avoid paying the full value of a claim. Our wrongful death attorneys in Chula Vista can push back against those tactics and protect your family’s right to fair compensation.
Who Can Be Held Liable for a Wrongful Death in Chula Vista?
Anyone whose negligence or misconduct contributed to your loved one’s death may be legally liable. This could be an individual, a company, a government entity, or even multiple parties at once.
Some examples include:
- A driver who caused a fatal crash by speeding or texting
- A property owner who failed to fix a known hazard
- A trucking company that overloaded a vehicle or hired an unqualified driver
- A product manufacturer that sold a defective item
- A doctor or hospital that failed to meet the standard of care
- An employer who ignored safety protocols on a job site
It’s common for insurance companies and defendants to deny responsibility or shift the blame. Our team is prepared to conduct a full investigation and gather the necessary evidence to hold every responsible party accountable for the harm they caused your family.
How Long Do I Have to File a Wrongful Death Claim in California?
In most cases, the statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of death. If you miss this deadline, you may lose your right to pursue compensation.
However, some cases have shorter or longer deadlines depending on the facts, such as:
- Claims against a government agency, which often require special notice within six months
- Deaths resulting from medical malpractice, which may involve different time limits
- Cases involving minors, which may be tolled until the minor turns 18
It’s important to act quickly after a tragic loss. Evidence can be lost, memories fade, and the legal clock starts ticking immediately. Our attorneys can help you determine how much time you have and make sure your case is filed on time.
Contact Our Chula Vista Wrongful Death Attorneys for a Free Consultation
If you lost someone close to you because of another person’s actions, you may be able to bring a wrongful death claim in Chula Vista. Pines Salomon Personal Injury Lawyers is here to fight for justice on your behalf while you focus on your family.
Our Chula Vista wrongful death attorneys have over 80 years of combined experience and a proven track record of successful results, with more than $100 million recovered for clients across California. You can count on us to help you with your case as well.
Contact our office today to schedule a free consultation.
