If your spouse dies in a fatal car accident that he or she didn’t cause, then you have the right to file a wrongful death claim.  The death of a husband or wife is no doubt a devastating time, so we recommend that you consult with an experienced wrongful death attorney in San Diego as soon as possible for help with the complicated legal process.

Wrongful Death Claims Start with Financial Support

Your spouse’s financial support can be proved in several ways.  If you had knowledge of your husband or wife’s earnings then you are qualified to provide that information.  Our wrongful death attorneys can also seek out others who may know more about your spouse’s business affairs and personal working habits to further document your claim.

Your wrongful death claim is not limited to your spouse’s earnings at the time of death.  Our wrongful death attorneys will estimate what your spouse likely would have earned if not for his or her untimely death.  Pertinent information includes the spouse’s age, education, skill, personal habits and ambition.  Please note that this claim is not limited to your wife or husband’s personal labor if your spouse owned a business and would have earned money from the work of others at their business.

As a widow or widower, you may also recover damages for the following:

  • Contributions for personal items, holiday gifts and entertainment money
  • Medical care in which your spouse provided to you
  • Child support (as long as it was being paid at the time of death).

You can also claim for funeral and burial expenses.

Emotional Losses are also factored into the Wrongful Death Claim

As the surviving spouse, you can make a claim to recover loss of comfort, society and protection as well as loss of consortium, which the law defines as the loss of support, services, love, companionship, affection, sexual relations and comfort.  The total amount of money that can be claimed for your emotional damages is ultimately measured by either your age or your spouse’s age, whichever is shorter.

Remarried Surviving Spouses Can Still Recover for a Wrongful Death

A lot of people think they cannot make a wrongful death claim if they remarried after their spouse died.  That is incorrect.  Remarrying does not hurt your wrongful death claim in any way.

On the other hand, if you were separated from your spouse at the time, your wrongful death claim is generally limited to loss of legal support.  Furthermore, say your marriage was disintegrating at the time of your spouse’s wrongful death, another person (i.e. a child) could testify to this and reduce your wrongful death settlement.

Call Us Now to Maximize Your Wrongful Death Settlement

Due to the complexity of wrongful death claims, you should consult with an experienced wrongful death attorney in San Diego as soon as possible after your spouse’s death.  In addition to the strain on your family, you will be forced to deal directly with insurance companies if you go about this alone.  Insurance companies will probably not explain all of your legal rights to pay you as little as possible.

For these reasons we strongly recommend that you consult with a wrongful death attorney from our San Diego law offices as soon as possible after your spouse’s death.  With two decades of experience on our side, we can help make sure that your wrongful death claim is handled professionally with care.

Don’t get stuck dealing with this on your own.  Call us now at 1-858-551-2090 for a FREE consultation with an experienced wrongful death attorney in San Diego or click here to submit your case for a FREE online review.  We handle all cases on a contingency fee basis, which means that you owe nothing until we recover money on your behalf.