Wrongful Death

San Diego Wrongful Death Attorneys

Picture of GavelLosing a loved one is a tragic event and is always a very painful experience. The tragedy and pain is worsened when the loss is the direct result of someone’s wrongful conduct or negligence. Whether your loved one died as the result of a fatal car crash or some other kind of injury, we will do everything possible to make certain that the persons or companies who are responsible for causing this enormous loss compensate you for all damages to which you or your surviving family members may be entitled.

Taking action against the negligent party cannot bring your loved one back but it can help you begin the healing process. Certain laws restrict what classes of individuals can or cannot receive compensation for the loss of a loved one. Many other complex laws may relate to your particular wrongful death claim. Our attorneys can help you understand the laws, deal with your loss and help you to determine the best course of action. Our goal is to help you to minimize the trauma that this loss has caused and maximize the compensation you may be entitled to.

To determine if you are eligible to recover damages for a wrongful death and to understand the value of a wrongful death claim, please contact The Gould Firm‘s wrongful death attorneys to discuss your case as soon as possible.

California’s Wrongful Death Act allows surviving family members to bring an action against the party or parties whose negligence or wrongful acts caused the death of a loved one. Under the statute, family members qualified to bring an action may include:

  • Surviving spouses (including putative spouses)
  • Domestic partners
  • Children (including stepchildren)
  • Grandchildren
  • Minors and Dependants
  • Heirs by intestate succession if no other relatives survive

In addition to dealing with the pain of losing a loved one, family members often face financial hardships due to the decedent’s medical costs, funeral expenses, and lost income and health care benefits.

Recoverable Damages:

In California, recovery in a wrongful death suit is intended to compensate the deceased’s survivors for their own damages, incurred as a result of the loss of their family member. Surviving family members are eligible to recover both economic and non-economic damages.

Economic damages may include:

  • Funeral and burial expenses
  • Loss of future earnings the deceased would have provided for the surviving family members
  • Lost pensions, retirement, gifts, or other benefits
  • The reasonable value of household services

Non-economic damages may include:

  • Loss of companionship, love, comfort, care, protection, and moral support
  • Loss of consortium
  • Loss of guidance for children
  • Mental anguish and suffering

Damages suffered by the injured victim before death, such as medical bills, disfigurement, or pain and suffering, may also be recovered by a representative of the deceased’s estate in a separate survival action.

If you have lost a loved one due to the negligence or wrongful act of another, you should seek immediate representation from our experienced wrongful death attorneys as soon as possible. California’s statute of limitations limits the amount of time a plaintiff can bring most claims to within two years of the date of death; after that time your claim may be barred by statute and you will lose the opportunity to recover for your losses. Please call The Gould Firm today. We are here to help you through this difficult time.