Did you lose a loved one in a fatal accident in Escondido, California? An experienced Escondido wrongful death lawyer at Pines Salomon Personal Injury Lawyers can help. Contact us at (858) 551-2090 today for a free consultation and learn more about how we can help your family fight for financial compensation.
Our law firm has recovered over $100 million in settlements and verdicts. We’re prepared to put over 80 years of combined experience to work in your case. Call our law offices in Escondido, California, to schedule a free consultation today.
Why Choose Pines Salomon Personal Injury Lawyers to Help My Family Recover Compensation for Wrongful Death in Escondido, CA?
Pursuing a wrongful death claim is never easy. Beyond the legal complexities, the process comes at a time when your family is already facing unimaginable grief. Handling evidence, deadlines, and negotiations while mourning can feel overwhelming.
At Pines Salomon Personal Injury Lawyers, our compassionate and experienced Escondido attorneys are here to shoulder that burden for you. As an award-winning law firm with a history of national recognition, we are committed to providing both skillful advocacy and unwavering support.
Our attorneys have been honored by respected organizations such as America’s Top 100 Personal Injury Lawyers, Avvo, and Martindale-Hubbell, reflecting the dedication and results we bring to every case.
When you choose our team, you gain more than legal representation—you gain peace of mind knowing that trusted advocates are fighting relentlessly to secure the full compensation your family deserves.
Call today to learn how we can help you seek justice and accountability.
An Overview of the Wrongful Death Laws in California
California wrongful death cases are governed primarily by California Code of Civil Procedure Section 377.60.
Survivors of fatal injury victims have the right to hold those responsible for their loss accountable. Wrongful death lawsuits give those survivors the right to pursue compensation.
In California, the following parties can file a civil claim for compensation based on wrongful death:
- The victim’s surviving spouse or domestic partner
- Children
- Grandchildren
- Parents
- The victim’s financial dependents
Ultimately, California’s wrongful death laws are designed to ensure that close family members and dependents have a path to justice and financial security after the devastating loss of a loved one.
What is the Difference Between a Wrongful Death Case and a Survival Action?
Wrongful death cases and survival actions can be filed based on the same fatal injury.
A survival action is a claim for compensation filed on behalf of the victim’s estate for the victim’s own losses. Wrongful death claims are designed to compensate the surviving family for their losses.
Survival actions are a possibility if the victim survived for a period of time after sustaining the fatal injury. The personal representative can pursue compensation for the victim’s medical bills and lost income from the time of injury up until the time of death.
Under current law, the personal representative can also seek compensation for the victim’s pain and suffering.
How Much Money Should I Expect From My Family’s Escondido Wrongful Death Case?
Regardless of the circumstances, it’s always extremely difficult to put a dollar value on the loss of a life.
Our lawyers will weigh a number of variables during the valuation process:
- The victim’s age and life expectancy
- Your loved one’s future earning potential, based on prior earnings, work history, education, etc.
- Contributions your loved one made to the household
- The age and identities of the victim’s surviving financial dependents, including a spouse and children
- Medical bills and other costs incurred because of your loved one’s death
- The grief and mental suffering your family has endured
- The circumstances of the accident
- The nature of the at-fault party’s actions
You shouldn’t have to make these types of calculations alone. In fact, assigning a case value in wrongful death cases is even more difficult than in personal injury cases. Testimony from respected experts is often critical to getting the full compensation you deserve.
Our Escondido wrongful death attorneys have the resources you need in your corner. We won’t let the insurance companies bully you into taking less money than you deserve.
What Types of Compensation Are Available in a Successful Wrongful Death Case?
Compensatory damages in wrongful death cases are slightly different when compared with personal injury claims. Again, that’s because they’re meant to compensate the family, not the fatal injury victim.
Examples of the types of damages that may be available include:
- Any unreimbursed medical expenses or costs your family incurred
- Lost financial support
- Loss of the victim’s employment benefits
- The value of household services and childcare the victim previously provided
- Funeral costs
- Burial expenses
- Your family’s pain and suffering
- Lost of parental instruction, support, and guidance
- Loss of consortium, or loss of a spouse’s companionship and affection
Some of these damages are much more difficult to prove than others. Our attorneys are prepared to stand by your side at every turn. We can help your family identify the specific damages your family has suffered–and work to prove their value.
Who Can Be Responsible for Wrongful Death in California?
The identity of the responsible party will depend entirely on the circumstances.
Examples of parties that may share blame in a wrongful death case include:
- Negligent drivers, including truck and rideshare drivers
- Employers of negligent parties
- Doctors, surgeons, nurses, and other healthcare providers
- Property owners
- Maintenance providers
- Product manufacturers
- Governmental entities
- Owners of boats, recreational vehicles, and other vehicles involved in accidents
Our experienced Escondido wrongful death attorneys can help you find out who is legally responsible for your loved one’s loss.
How Much Does it Cost to Hire a Wrongful Death Lawyer in California?
Like most injury-based law firms, our team at Pines Salomon Personal Injury Lawyers works on a contingency fee basis. Our attorney’ fees are entirely contingent on the amount of money we recover in your case.
Because our fees are expressed as a percentage of your compensation, you’ll never owe attorneys’ fees if we fail to recover compensation.
Can I Recover Damages If My Loved One is Blamed for Their Own Wrongful Death in California?
If at least one other party shared fault for your loved one’s death, you’re entitled to pursue compensation. California uses a pure comparative negligence law in injury-based cases. The same law applies when the injuries are fatal.
The value of your claim will be limited to the extent that your loved one shared blame. Insurance companies know they can pay less if they manage to blame a victim for their own injuries.
To avoid taking less than you deserve, consult an experienced lawyer if your family member is blamed for their own death. We’re always ready for these types of allegations.
We Handle All Types of Wrongful Death Claims in Escondido
Wrongful deaths can occur under any number of situations. Some are based on another party’s carelessness. Others involve intentional wrongdoing.
Some examples of the situations that can give rise to a wrongful death claim include:
- Motor vehicle accidents – Fatal motor vehicle accidents are much too common. Car accidents, truck accidents, and motorcycle accidents can all cause fatalities when drivers are distracted, speeding, or violating traffic laws
- Medical malpractice – When doctors and healthcare professionals make mistakes, the results can be devastating for patients. Unfortunately, medical negligence has been identified as a leading cause of death in the U.S.
- Workplace accidents – 439 fatal workplace injuries were reported statewide in 2023. While some victims’ survivors are limited to workers’ compensation benefits, others have the right to file wrongful death lawsuits
- Dangerous property conditions – California premises liability laws hold negligent property owners accountable when dangerous conditions cause injuries. That responsibility extends to fatal injuries caused by slip and fall accidents, dog bites, and other dangers
- Intentional violence – Firearm violence, aggravated assault, and domestic violence can all leave families struggling with unbearable loss. Even if criminal charges are involved, survivors maintain the right to pursue compensation in civil court
Our attorneys handle all types of wrongful death cases. Whether you lost a loved one in a rideshare accident, due to a defective consumer product, or otherwise, reach out to our team for legal support today.
What Do I Have to Prove to Win a Wrongful Death Lawsuit in California?
Most wrongful death claims are negligence-based.
Negligence claims involve four elements:
- A duty of care
- A breach of duty
- Causation, meaning that the breach caused an injury
- Damages, or the victim’s specified losses
Most surviving families are required to prove these four elements to receive compensation. If you lost a loved one in an accident, our lawyers are here to help you gather the evidence you need.
Is There a Deadline to File a Wrongful Death Lawsuit After a Fatal Accident in California?
A two-year statute of limitations applies in wrongful death cases. The two-year period begins running on the date of your loved one’s death. After two years pass, you will have lost your right to damages.
Contact an Escondido Wrongful Death Lawyer for a Free Case Review Today
Do you have questions about your legal rights after losing a loved one? Call our Escondido wrongful death attorneys today. You can count on our team at Pines Salomon Personal Injury Lawyers. We have the skill and knowledge to protect your interests after a tragic loss.
