San Diego Wrongful Death Lawyer | The Law Offices of Mark C. Blane, APC

Understanding What a Wrongful Death Action Is in California

In California, a wrongful death action is a civil lawsuit that can be filed when another party's negligence causes someone's death. This legal recourse permits surviving family members to pursue their right to compensation for their emotional and financial losses resulting from the untimely death of their loved one.

A wrongful death claim differs from any criminal charges that may be brought against the responsible party. The burden of proof in a civil case is lower, making it possible to hold negligent parties accountable even if they were not convicted in a criminal court.

Who Can File a Wrongful Death Action in Southern California

Under California law, only specific individuals have the right to file a wrongful death action. Typically, these individuals include the following:

The spouse or domestic partner who survives the deceased

The deceased's children (or the grandchildren if the children are deceased)

The victim's parents, if there is no surviving spouse or children

Additional individuals who depended financially on the deceased, such as a putative spouse, their children, or step-children.

It is crucial to consult with a knowledgeable San Diego injury attorney to understand your rights and eligibility to pursue a wrongful death action in Southern California.

Common Causes of Wrongful Death Accidents in San Diego

Wrongful death accidents in San Diego and Southern California can occur due to various negligent actions, and more than one party may be to blame for the tragic loss of a victim's life. A skilled San Diego personal injury lawyer can determine the cause of a loved one's accident and seek maximum compensation for surviving relatives. Below are some common causes of wrongful death accidents.

Car Accidents

Many fatal head-on collisions, rear-end crashes, and rollover accidents are caused by negligent drivers who speed, engage in distracted driving, drive under the influence, or are too tired to drive safely. These tragic, preventable wrecks rob families of their loved ones.

Truck Accidents

Commercial truck accidents can cause a victim to suffer catastrophic injuries or death due to their size and weight. Negligent actions by truck drivers or trucking companies and their violations of federal regulations can lead to deadly consequences on the road.

Motorcycle Accidents

Motorcyclists only have their clothes and helmets to protect them in a motorcycle collision. Speeding, talking and texting, and making unsafe lane changes are a few ways motorists cause deadly motorcycle wrecks.

Pedestrian Accidents

Failure to yield to pedestrians at crosswalks or intersections, intoxication, and making an improper left turn are some reasons drivers cause fatal pedestrian accidents in San Diego and Southern California.

Bicycle Accidents

Cyclists are at risk of severe injuries or death when motorists fail to share the road responsibly, do not yield the right of way, drive when intoxicated or tired, or cause a dooring bike crash.

Dog Bite Injuries

In some instances, dog bite injuries can be severe enough that a victim does not survive the attack. Surviving family members can file a wrongful death claim to obtain compensation for their losses under California's dog bite laws.

Slip and Fall Accidents

Fatal slip and fall accidents can occur due to a property or business owner's failure to repair or remove hazardous conditions or to maintain their property adequately.

Child Injuries

Adult negligence in truck, motorcycle, pedestrian, bike, and car accidents and drownings can cause pediatric deaths. The death of a child due to someone else's negligence is particularly devastating, warranting a wrongful death claim to seek justice for the family's profound loss.

Types of Compensation Awarded in a San Diego Wrongful Death Actions

While no amount of compensation can replace losing a family member, a successful wrongful death claim can help ease the financial burden and provide a sense of closure. As the surviving family member of the deceased, you may be entitled to the following types of compensation.

Economic Damages

Funeral and burial costs
Medical bills incurred before your loved one's passing
Lost income and financial support

Non-Economic Damages

Pain and suffering
Emotional distress
Loss of companionship, love, and guidance
Other intangible losses

Speak With an Experienced San Diego Wrongful Death Lawyer Today

The Law Office of Mark C. Blane is here to help if your loved one died in a Southern California accident. San Diego injury attorney Mark Blane understands the impact a fatal accident can have on your family. While nothing can bring your loved one back, our legal team will work hard to hold the negligent party accountable and seek compensation for you.

You can find out whether you have a valid wrongful death case at no cost to you. That’s because we offer free consultations. To request a free consultation with our team, reach out by calling 619-813-7955 or filling out the online contact form below. We proudly represent clients throughout San Diego, Southern California, and the surrounding areas.