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San Diego Wrongful Death Lawyers
A wrongful death claim is a lawsuit against a person whose unjust actions have caused injuries that resulted in death. In the past under common law legal systems, surviving members of a family simply had to deal with the loss of a loved one on their own. However, modern governments have made laws to protect survivors and now family representatives of the deceased can file a lawsuit and pursue monetary damages in all 50 states. As such, it is important to talk to a San Diego wrongful death attorney from our firm and discuss your legal options if someone close to you has died as the result of another's wrong doing or negligence.
The system works by calculating monetary compensation based on the financial loss that the wrongful death has left a family with. This is known as pecuniary damages. It may be a bit harsh to speak of a loved one in terms of his or her financial worth, but this is the method the courts have devised. As a result questions such as "what was the deceased person's annual income," "how financially independent are the family heirs," etc… will play a role in the verdict. Expenses for a funeral and any medical treatment will also be taken into consideration. If you need assistance in calculating any of these figures, our San Diego wrongful death lawyers will be happy to help you.
When calculating the financial loss in a wrongful death case, the court takes into account the deceased's earning potential, overall health, and estimated life expectancy.
When analyzing the financial dependence of family heirs, the courts will examine the deceased's level of responsibility for any child care, housekeeping, and/or assistance with the daily needs of other family members. This is done to determine the amount of money that would be necessary to take care of these needs without the deceased around to provide them
Often times, expert testimony is used to quantify the amount of financial loss in a wrongful death case. Our San Diego injury attorneys will seek out the absolute best experts for your case in order to provide you with the greatest chance for success.
In most states the emotional harm suffered by the plaintiff can be compensated by the court, but harm in the form of grief, sorrow and pain and suffering are specifically excluded. When quantifying a dollar amount for these emotional damages, the court will examine the love, companionship, moral support and guidance provided by the deceased. The strength of the relationship between the deceased and the surviving family members will ultimately decide the amount of compensation in this area.
In some courts, it is allowed for surviving family members to sue for injuries suffered by the deceased before he or she passed away. This is known as "survival action," because the claim for damages survives even after the injured person has passed away. In this event, you may be required to prove that the deceased was conscious and physically affected by their injuries before their death. This is something that the San Diego injury attorneys at our firm have experience in dealing with, and will fight to achieve compensation for the suffering that your loved one was forced to endure.
A wrongful death can be caused by almost any type of accident, though they are commonly the result of car and truck accidents on our California highways. If someone from your family has been tragically killed as the result of such an accident, the San Diego truck accident lawyers at our firm will work tirelessly to bring justice to your surviving family members.
There are many complex factors involving with litigating a wrongful death case. Having a San Diego wrongful death lawyer with extensive experience and a commanding knowledge of the law will not only put your mind at ease, but will also maximize the possibility of full recovery for the damages that you have suffered. Our San Diego wrongful death attorneys not only have the know-how, but we also compassionate and understanding of our clients' needs during this difficult time. We will work hard to relieve your stress and get you the compensation you deserve.
If you have lost a friend or family member due to a wrongful death in the greater San Diego area, contact a San Diego wrongful death lawyer at our firm today to have us get started on your claim. There is no charge for an initial consultation.