Are you struggling with the recent death of a spouse, child, or parent due to an accident in La Jolla, CA? The sting of your devastating loss might be worse as you struggle to pay for their funeral, make ends meet, and navigate life without them. Don’t hesitate to call Pines Salomon Injury Lawyers, LLP for help getting through this difficult time. Our La Jolla wrongful death lawyers can help you put a plan into action to recover compensation from those at fault.
For decades, families in Southern California have trusted Pines Salomon Injury Lawyers, LLP. That’s because clients work with award-winning La Jolla trial attorneys who genuinely care about their stories and go above and beyond to make a meaningful difference in their lives. The results we achieve through our hard-hitting legal representation speak volumes, with over $100 million in damages recovered.
Benefit from our team’s 80+ years of experience and passion for justice by contacting our La Jolla law office today at (858) 585-9031. There’s absolutely no charge for your initial case evaluation.
How Pines Salomon Injury Lawyers, LLP Helps Families After the Wrongful Death of Loved Ones in La Jolla, CA
Sometimes, seemingly minor mistakes or acts of aggression can have fatal consequences. When one person causes another person’s avoidable death in La Jolla, California, they can be liable for the financial repercussions and the harm suffered by the surviving family members. However, insurance companies and defense attorneys always work hard to deny wrongful death claims and limit how much families can recover in the wake of these tragedies.
If you want to win your wrongful death case and maximize your recovery, you’ll need an experienced La Jolla personal injury attorney on your side.
The law firm you choose to represent you can greatly impact the outcome of your wrongful death case. Families in La Jolla turn to Pines Salomon Injury Lawyers, LLP because we offer compassionate, experienced, winning legal representation every day. This is why we’re AV Rated by Martindale Hubbell, distinguished as Super Lawyers, and named to America’s Top 100 Personal Injury Attorneys.
We want you to have the time and space you need to grieve your loss. Our top-rated legal team is here to handle everything else for you.
Count on us to:
- Conduct a thorough independent investigation into the underlying circumstances of your family member’s death
- Gather evidence to build a strong foundation for your wrongful death claim, such as accident reports, video footage, photographs, eyewitness statements, forensics reports, and property damage
- Consult expert witnesses who can offer insight and strengthen the legal claim we build on your family’s behalf
- Handle the administrative aspects of your case, like filing it with the local La Jolla County court clerk before the filing deadline
- Engage in productive settlement negotiations with the defense and work to get the best possible settlement offer on your behalf so that you can begin to focus on the future
- Reject insulting lowball settlements and take your wrongful death lawsuit to trial, if necessary
Our wrongful death attorneys in La Jolla handle cases on a contingency fee basis. Our fees are directly tied to the results we achieve. You only pay for our help when we recover compensation for your wrongful death case. Better still, our fees come right out of your financial recovery, so hiring our law firm costs nothing out of your pocket.
Call our law office to discuss the details of your wrongful death case with our team. Your first consultation is free.
How Is Wrongful Death Defined in the State of California?
In California, a person can file a civil lawsuit for damages against another party as long as there is an underlying cause of action. In California, losing a family member unexpectedly and in a manner that could have been avoided can be a cause of action for litigation. This is known as wrongful death.
Pursuant to California Code CCP Section 377.60, the cause of action for wrongful death exists when one person’s death is the result of another person’s “wrongful act or neglect.”
Since the decedent (the person killed in the accident or act of violence) is not here to file a lawsuit for damages, the right shifts to another party. This helps to ensure that the victim’s losses are covered and that the at-fault party is held accountable for their actions.
Representing Clients in All Types of Wrongful Death Cases
Almost any accident or criminal act can be fatal under the right circumstances. At Pines Salomon Injury Lawyers, LLP, we have extensive experience representing spouses, children, parents, and other family members in all types of wrongful death cases in La Jolla, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft rideshare accidents
- Bus accidents
- Train accidents
- Boating accidents
- Maritime accidents
- Slip and fall accidents
- Matters of premises liability
- Dog bites
- Negligent security
- Assaults
- Product liability
- Nursing home abuse
- Medical malpractice
- Birth injuries
- Aviation accidents
- Workplace accidents
- Construction accidents
If you believe that your family member’s recent death was wrongful, don’t hesitate to contact our personal injury attorneys in La Jolla for assistance. We’ll review your story, explain your potential legal rights, and work to execute a winning legal strategy to secure compensation from those responsible for your loss. We provide a free consultation, so contact us today.
Who Has the Power to Bring a Wrongful Death Claim in La Jolla?
While many states require a decedent’s personal representative to bring a wrongful death claim, California allows them to be filed by surviving family members.
Specifically, this right can belong to the decedent’s surviving:
- Spouse
- Domestic partner
- Children
- Grandchildren
- Parents or guardians
Minor children who lived at the decedent’s home for at least 180 days prior to their death and relied on them for at least half of their financial support can also file a wrongful death lawsuit with a La Jolla County court.
If no close family members survive the decedent, or if none bring a claim, a personal representative reserves the right to do so. In these cases, damages are awarded to the victim’s estate and distributed in accordance with their will or California intestacy laws.
Can Comparative Negligence Affect My Family’s California Wrongful Death Settlement?
Yes. California’s pure comparative negligence law applies to matters of wrongful death. As a result, the decedent’s shared responsibility for their fatal injuries will have a direct and adverse impact on their family’s ability to recover compensation in a wrongful death claim.
Damages are reduced proportionately according to fault. So, if your spouse was assigned 10 percent of the blame for the fatal car accident in which they were recently killed, you could receive up to 90 percent of your claim’s value.
It’s a common tactic for insurance adjusters and defense attorneys to try to blame victims for their injuries. In wrongful death cases, the victim isn’t around to defend themselves. Our wrongful death attorneys in La Jolla will be ready to fight these claims from the start, working hard to protect your family’s ability to recover compensation and protect your family member’s reputation in the process.
What Damages Can Be Awarded in a La Jolla Wrongful Death Case?
Ultimately, the purpose of a wrongful death claim is to help surviving family members cope with the consequences of the sudden and avoidable loss of a family member. So, the types of damages that are awarded in these types of personal injury cases are designed to further that goal.
Limited compensatory awards – including economic damages and non-economic damages – can be awarded for:
- Financial support the decedent would have provided if they’d lived
- Loss of gifts and benefits
- Reasonable value of household services provided by the decedent
- Loss of enjoyment of spousal sexual relations
- Loss of parental guidance and training
- Loss of the decedent’s love, comfort, assistance, companionship, moral support, and protection
Damages for the victim’s own pain and suffering can also be awarded if the estate files a separate survival action. However, this is only appropriate when the decedent survived their injuries for some time before dying.
Is There a Time Limit For Bringing a Wrongful Death Lawsuit in California?
California applies a two-year statute of limitations to most wrongful death lawsuits. Barring any exceptions – which are few and far between – you will lose the right to demand compensation from an insurance company or another liable party if your wrongful death lawsuit isn’t submitted by the filing deadline.
So, it is often crucial to get a jumpstart on your wrongful death case, even if your focus is elsewhere. Hiring an experienced wrongful death attorney near you in La Jolla can help take the stress of litigation off of your shoulders and give you the time you need to grieve your loss.
Arrange a Free Consultation With an Experienced La Jolla Wrongful Death Lawyer
Call Pines Salomon Injury Lawyers, LLP if you’ve suffered the recent death of a loved one in an accident in La Jolla, CA. You’re grieving because someone else was negligent. Now, our La Jolla wrongful death lawyers are here to hold them accountable.
As a top-rated personal injury law firm, we’ve been instrumental in helping injury victims and families recover more than $100 million in damages after life-changing accidents. Today, we stand ready to make a difference for your family after a tragic accident.
Contact our La Jolla law office to schedule your free consultation now.
