California Wrongful Death Attorneys woman with hands clasped on face in despair

In a wrongful death claim, or lawsuit, the emphasis is on the victim who claims, by his or her estate, that the death of the victim was due to the negligence of some other third party; i.e., another person or entity that breached a duty of due care to the deceased that caused the death. The victim’s estate, or the survivors of the victim, are entitled under law to claim monetary damages for this death as explained by our San Diego wrongful death attorney.

This type of lawsuit is much different from other contemporary negligence lawsuits. In a negligence action, the injured person himself or herself files the claim for injury and seeks monetary compensation. Under common law in England, such wrongful death actions did not exist as the crown decided that the right to seek compensation died with the victim. However, over the years, each State in the United States has adopted statutes allowing for these types of claims or actions to exist. This provides an incentive for industry and others to act carefully and above all else, safely towards others as we engage in society.

A Wrongful Death Claim or Lawsuit Contains the Following 4 General Principles:

  1. the death was caused, or caused in part, by the conduct of the defendant;
  2. the defendant was either negligent for the death or strictly liable;
  3. there are or are survivors of the deceased; either a surviving spouse, children, dependents, or beneficiaries (in order to have the standing to bring the lawsuit forward);
  4. monetary damages are provable from the death of the victim in a court of law;

Contact a California Personal Injury Attorney Today

If you believe you may have a viable claim for wrongful death as described above, you should consult with an experienced wrongful death attorney as soon as possible. Statutory timelines are in place under the law and an experienced attorney can best advise you and your family of such deadlines. You can find out whether you have a valid 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 have been proudly servicing clients throughout San Diego, California, and the surrounding areas.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney
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