San Diego Wrongful Death Lawyer

Representing Grieving Family Members in Wrongful Death Claims

Losing a loved one is never easy, but when that loss is caused by another party’s negligence or willful actions, it can be even more difficult to process what has happened and the impact the loss has had on your life. However, you may have legal options to ensure the person responsible is held accountable for their actions and that you have the resources you need to compensate for the financial losses and other damages incurred as a result of your loved one’s death.

If you have questions about your options after a fatal accident or whether you have a legal claim for damages, contact Finn Trial Attorneys APC to speak with an experienced wrongful death lawyer. Our team has the knowledge and experience to evaluate your case and help you get the compensation you deserve. Call our San Diego office at 619-375-5105 to take the first step.

What Are Some Common Causes of Wrongful Death Accidents?

Wrongful death cases can arise out of a variety of situations. Any time someone is killed due to the negligent or willful actions of another person, the surviving family members may have legal recourse. Below are some of the most common causes of fatal accidents.

Auto Accidents

Most of us rely on driving to get where we need to go every day, whether that’s going to work, picking up our children from school, or running errands. But for thousands of people every year, a simple trip out of the house results in a life-changing accident. In 2022 alone, more than 4,000 people were killed in motor vehicle crashes in the state of California, and many of these were caused by another driver’s negligence.

When someone you love is killed in an auto accident, a wrongful death lawsuit can help you recoup financial losses and gain some closure by holding the other driver accountable. It’s important to talk with an experienced attorney to ensure you understand what’s required for these cases and what evidence you’ll need to show to prove your claim.

Falls

Falls are one of the leading causes of injuries and death in the workplace, but they can also happen in other environments. When a fall leads to a fatality, whether you have a wrongful death case depends on whether someone else’s negligence caused the fall. For example, if an employer failed to provide the required fall protection equipment, such as a harness, they could be liable. Wrongful death cases involving falls can also be related to falling from a ladder, slip and fall accidents, and nursing home negligence if a resident falls while not being properly supervised or assisted.

Medical Malpractice

Medical malpractice cases are complex and often have special rules, but it’s possible to have a wrongful death claim if your loved one died as a result of a doctor’s error. In general, you will need to show that the healthcare provider didn’t act according to the accepted standard of care and that the death was a direct result of the doctor’s error. It’s critical to have an attorney help you with this process, as these cases often involve going up against large healthcare facilities and insurance companies who will do everything they can to avoid paying out a claim.

Work Accidents

When you go to work, you rely on your employer to provide a safe and functional environment where you can perform your duties. Unfortunately, not all employers prioritize the safety regulations and requirements as they should, whether deliberately trying to cut corners or being unaware of the applicable laws. Work accidents that may result in fatalities include falls from heights, machinery accidents, explosions, electrocutions, and being struck by a falling object.

Defective Products

Product manufacturers and distributors are responsible for ensuring that their products are safe for intended use. However, quality control issues are common and can result in serious injury and even death for consumers. Recalls are often done to address these issues, but this only happens once the manufacturer is aware of a problem, which means innocent people’s lives have likely already been affected. Defective products can occur with vehicle parts, small appliances, children’s products and toys, medical devices, safety gear, and prescription and over-the-counter medications.

Nursing Home Negligence

When you have to place a loved one in the care of a nursing home or assisted living facility, you’re trusting their physical and emotional well-being to the staff and providers. However, these communities are often understaffed and face quality control issues that can result in medical errors or neglect that can be fatal. Falls, in particular, can be extremely serious in elderly patients, who are unsteady on their feet and may need assistance to move around their room or get to the bathroom. Other potential causes of a preventable fatal accident include medication errors, inadequate monitoring, and malnutrition or dehydration from neglect.

Criminal Cases

If your loved one was killed due to the intentional acts of another person, you may also be able to file a wrongful death lawsuit, even if there was also a criminal case. A wrongful death lawsuit is a civil case, so it’s an entirely separate matter from the criminal proceedings. You may even be able to recover compensation even if the perpetrator was found not guilty in criminal court. A San Diego wrongful death attorney can help you understand your options and how to proceed if you want to bring a wrongful death lawsuit after a criminal act.

What Do You Need to Prove in a Wrongful Death Case?

Wrongful death lawsuits are heard in the civil court system and fall under the personal injury category of law. The plaintiff must prove the same basic tenets as in a non-fatal personal injury case.

The Defendant Owed a Care of Duty to the Decedent

One of the most essential factors in a wrongful death lawsuit is being able to show that the defendant had a duty of care to the deceased. How your attorney will establish this depends on the type of accident. For example, suppose your loved one was killed in a car accident. In that case, your attorney will establish a duty of care by acknowledging that every driver has a responsibility to all other drivers on the road when they get behind the wheel. If your loved one was killed in a workplace accident, the argument will center around the employer having a duty of care to adhere to all safety requirements and provide equipment and other necessary measures to prevent an accident.

The Defendant Breached That Duty of Care

Once the duty of care has been established, the next step is to show that the defendant breached that duty. A breach can happen through negligent, reckless, or willful actions. For example, if someone was killed in a car accident, an attorney might show that the defendant was engaging in distracted driving or was speeding at the time of the accident. The legal strategy for this aspect will differ depending on the type of accident, but in general, you will need to show that the defendant didn’t act as a reasonable person would have to prevent the accident.

The Breach of Duty Caused the Accident

For a wrongful death lawsuit to be successful, the plaintiff must prove that the defendant’s breach of the duty of care was directly responsible for the accident. This is often one of the most challenging parts of the case because it’s very common for accidents to have more than one contributing factor. In the case of a fatal car crash, for example, one driver might have been speeding, and the other may have switched lanes without first checking their blind spot. A large part of the legal strategy for your case will be showing evidence that ties the defendant’s actions to the accident.

The defendant’s legal team and insurance company will generally try to put the blame on the decedent to avoid accountability or minimize the amount the defendant is ordered to pay. However, in California, being partially at fault doesn’t preclude someone from being awarded damages in a personal injury case or the surviving family in a wrongful death case. It is possible for the compensation to be reduced if the decedent was partially at fault, so talk to an attorney about what you can expect and how this may affect your case.

The Death Resulted in Damages for the Plaintiff

The final point that must be proven in a wrongful death action is that the plaintiff suffered damages as a result of their loved one’s death. A large portion of this is usually the financial losses, such as the loss of income, benefits, and financial support from the decedent. However, surviving family members are also entitled to compensation for loss of consortium and companionship. If the plaintiff is the child of the decedent, they may be entitled to compensation for loss of care and guidance.

To win a wrongful death lawsuit, all of these aspects must be proven by a preponderance of the evidence, which is the burden of proof for civil cases. This is a lower burden of proof than the more commonly recognized “beyond a reasonable doubt” that is required in criminal cases. A preponderance of the evidence means that your claim is more likely to be true than untrue. This generally means that you will need to convince the jury that your claim is at least 51 percent likely to be true.

Who Can File a Wrongful Death Lawsuit in California?

California’s Civil Procedure Code has specific guidelines for who is able to file a wrongful death claim when someone dies. In general, the plaintiff must be an immediate family member, such as a surviving spouse, child, or domestic partner. If the person died without having any of these direct family members, any party who would be entitled to the decedent’s property through California’s intestate succession laws may be able to file a claim. This could include parents and siblings. It’s also possible for a representative of the estate to file a claim in some cases.

What Is the One-Action Rule?

The one-action rule in California means that any surviving family members who have a wrongful death claim must file under the same action. Legally, the court can only award one judgment for wrongful death against the defendant, so the one-action rule ensures that any compensation awarded goes to all of the relevant family members. The one-action rule also puts the duty on the filing party to ensure that all known heirs are included in the filing.

One complication of the one-action rule is that it doesn’t provide any guidance for how the awarded damages should be distributed among the family members. The best-case scenario is that the family members are able to agree. However, this can be challenging, depending on the number of family members involved and the family dynamics. If an agreement can’t be reached, the family members may have to go to court to have a judge make a determination on how the award should be distributed. A wrongful death attorney can help in both of these situations.

What Damages Can You Recover in a Wrongful Death Lawsuit?

Surviving family members are able to seek compensation from the courts for specific losses resulting from their loved one’s death in a wrongful death suit. These losses can be financial or emotional.

Loss of Financial Support

If the decedent provided income or other financial benefits to the family, the loss of this financial support can fall under a wrongful death claim. This can include anticipated raises based on future career growth and earning potential and isn’t necessarily limited to the decedent’s salary at the time of their death. Loss of financial support can also include the value of any gifts you could have anticipated receiving, such as birthday or anniversary gifts. The value of the financial support is generally based on either the decedent’s or plaintiff’s life expectancy, whichever is shorter.

Expenses Related to the Death and Burial

Funeral and burial costs can be included in a wrongful death claim. This can consist of funeral services, including the casket, as well as cremation services. The cost of the burial plot and headstone can also be added to your claim. Note that any medical expenses incurred due to the accident but before the death are not included in wrongful death claims and must be pursued through a separate survival action.

Loss of Consortium and Companionship

Loss of consortium and companionship are the nonfinancial losses the surviving family members experience when a loved one dies. This includes things like love, care, comfort, protection, support, and marital relations. For children, this could consist of loss of care, guidance, and instruction. These losses can be challenging to attach a monetary value to, as no amount of money can truly make up for the loss. An attorney will work with you to determine an appropriate amount for your claim to ensure you are fairly compensated for your significant losses.

What Is a Survival Action?

While a wrongful death claim only allows the plaintiff to seek damages based on the losses they have incurred from their loved one’s death, a survival action allows the estate to pursue compensation for any losses the decedent incurred before their death. This can include medical expenses for treatment prior to the death, as well as the pain and suffering the decedent experienced from the moment of the accident to the moment of death. A survival action must be filed by the estate representative and is a different and separate claim from a wrongful death case.

What Are the Steps for Filing a Wrongful Death Claim?

Filing a wrongful death lawsuit can help you recover compensation for your losses and find some closure in holding the responsible party accountable. Understanding what the process looks like and what you can expect can help you feel more prepared.

Hire a Wrongful Death Attorney

The first step in pursuing a wrongful death lawsuit is to meet with an experienced wrongful death attorney. They will go over your case with you to ensure you meet the requirements to make a claim and help you determine how much your case is worth. They will also discuss any potential challenges that might arise and the anticipated strategies to overcome them.

Meeting with an attorney sooner rather than later is critical to ensure you have time to gather evidence and develop your case. In California, you have two years from the date of the person’s death to file a wrongful death claim in most cases. There may be some exceptions to discuss with your attorney.

Collect Evidence and Documentation

Once you have established that you meet the criteria to pursue a wrongful death claim and have retained a law firm, your legal team will get to work investigating your case and collecting evidence. Your attorney will use documentation you supply, such as medical records, as well as official documents, such as police reports. They will look for eyewitnesses and expert witnesses who can testify and start putting together a comprehensive case that’s as strong as it can be.

Determine the Value of Your Case

Your claim will include the damages you’re seeking, but many clients have no idea what their cases are actually worth — and in many cases, it’s much more than they think. A key part of working with an attorney is benefitting from their knowledge and experience to ensure that you are accurately and fairly valuing your claim.

File the Complaint

Once the complaint is ready, your attorney will file it with the court system, and the defendant will be served. At this point, pretrial hearings are often scheduled, but your case may be settled out of court without having to go through a full trial. Your attorney will help you evaluate and negotiate any settlement offers to ensure you’re not accepting a low-ball offer that isn’t reflective of your losses. If it’s not possible to reach an agreement, the case will proceed to trial.

At Finn Trial Attorneys APC, we understand how devastating the death of a loved one can be and are dedicated to helping our clients receive the compensation they deserve for their losses. If your loved one was killed in an accident or due to another party’s actions, call our San Diego office at 619-375-5105 to schedule a free consultation.