• Twitter
  • Facebook
  • Pinterest
Toll FREE: 855-290-8080
Jeffrey Estes Injury Lawyers
  • Home
  • About
    • Jeffrey E Estes Bio
    • Alton J Smiths Bio
  • Vehicle Accidents Overview
    • Car Accidents
    • Trucking Accidents
    • Truck vs Truck Accidents
    • Construction Vehicle Accidents
    • Tour Bus Accidents
    • Motorcycle Accidents
    • Passenger Aircraft Accidents
    • Boating Accidents
  • Personal Injury
    • Personal Injury
    • Wrongful Death
    • Construction Accidents
    • Head Injuries
    • Neck Injuries
    • Areas Served
  • Our Verdicts and Settlements
  • Contact
  • Menu Menu

What to Expect in a California Wrongful Death Case

March 16, 2020/in Uncategorized/by damg

Death of a loved one is a tragedy no one wants to think about. The last thing you need is a complicated legal process to worry about. That’s why we’re here to help!  Wrongful death compensation can never make up for the fact that your loved one is gone. But if your loved one died because of someone else’s purposeful actions or negligence, you have the legal right to pursue compensation.

In California, a “wrongful death” is defined as when one person dies as the result of the wrongful act or negligence of another person or entity.

Wrongful death cases can be stressful, but that’s why we’re here. We help take the load of pursuing justice off your shoulder so that you can focus on taking care of yourself and honoring your loved one’s legacy.

Here’s a step-by-step guide of what to expect when you file a wrongful death claim in San Diego, California. And of course, we’re available to support you each step of the way!

  1. Understand the statute of limitations.  In most California cases, a wrongful death lawsuit must be filed within two years of the death. However, if a death results from medical malpractice, the surviving family members have 3 years from the date of injury, or 3 years from when the injury should have been discovered through due diligence, whichever date is sooner. When a death occurs through the negligence of any governmental body – for example, a car accident resulting from negligent road maintenance – then survivors have six months to file a claim.
  2. Determine if you are eligible to file. In California, the following parties may bring a wrongful death claim to court:
  • the deceased person’s surviving spouse
  • the deceased person’s domestic partner
  • the deceased person’ s surviving children
  • If there is no surviving person in the deceased person’s line of descent, then a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession,” which can include parents or siblings.

According to Nolo, if they can show they were financially dependent on the deceased person, the following people can bring a wrongful death lawsuit in California:

  • the deceased person’s “putative spouse” and children of the putative spouse
  • the deceased person’s stepchildren
  • the deceased person’s parents
  1. Call an experienced wrongful death attorney. Too often, victims walk away from their case with a settlement far lower than the law entitles them to. An attorney can help you understand what amount of compensation is fair and how to claim it.
  2. Assemble evidence and begin investigations. As the plaintiff in a wrongful death case, you’ll need to prove the following:
  • Duty of Care – You must prove to the court that the defendant owed a duty of care to your loved one. For example, in the case of a car accident, you must prove that the defendant had an obligation to drive carefully while operating any vehicle.
  • Breach of Duty of Care – You must prove that the defendant breached the duty of care owed to your loved one. Again, if the situation involves a car accident, you must show that the defendant failed to obey the applicable traffic laws, such as by speeding or by running a red light.
  • Causation – You must show that the defendant’s particular action directly caused the wrongful death. So, even if the defendant ran a red light while driving a car, the defendant is not responsible if the death was caused by something else, such as a mechanical failure on the deceased’s vehicle, according to Nolo.
  • Determine the value of your case. In California, damages that can be awarded in a wrongful death case include:
  • funeral and burial expenses
  • medical and hospital bills for the deceased person’s final illness or injury,
  • lost income, including potential income the deceased person would reasonably have been expected to earn in the future had he or she lived.
  • the value of household services
  • loss of anticipated financial support
  • loss of love, community, attention, affection, moral support, and guidance.

    Your case is drafted and filed.
    Discovery and deposition stage.

Both sides of the case will exchange facts and other details about your claim, “discovering” the other party’s evidence. During discovery, attorneys will conduct a process called the deposition. Depositions are the statements from witnesses prior to a trial.

Trial. Sometimes a case is settled before going to trial. But if both sides can’t agree, then a trial is scheduled before a judge or jury to decide the outcome.

Do you need to file a wrongful death case in San Diego, CA? Don’t go through this alone. Get help from an attorney who has a strong understanding of California law and who cares about your case.

https://jeffreyesteslaw.com/wp-content/uploads/2021/11/iStock-1007950266.jpg 483 724 damg https://jeffreyesteslaw.com/wp-content/uploads/2021/12/logo_estes_NEW.png damg2020-03-16 18:27:202022-10-17 18:36:39What to Expect in a California Wrongful Death Case
  • Our Verdicts and SettlementsNovember 13, 2021 - 2:59 am
  • San Diego, CA: When Do You Need a Car Accident Attorney?August 17, 2020 - 8:02 pm
  • San Diego, CA: Were You Injured in a Bus Accident?August 13, 2020 - 2:07 pm
  • What Is MMI And How Could It Save Your Accident Case In San Diego?July 13, 2020 - 5:59 pm
  • 10 Mistakes To Avoid in Your California Personal Injury CaseJune 24, 2020 - 2:29 pm
  • Do You Really Have Full Insurance Coverage in San Diego?June 10, 2020 - 8:45 pm
  • Claiming Lost Wages After An Accident in CaliforniaMay 11, 2020 - 5:41 pm
  • How is Pain and Suffering Calculated in California?April 11, 2020 - 8:16 am
  • What to Expect in a California Wrongful Death CaseMarch 16, 2020 - 6:27 pm
  • Should You Call the Insurance Company After a Car Accident?March 10, 2020 - 5:41 pm

Our Verdicts and Settlement

Experience matters. Of course, you need a lawyer who knows the law, but you also need someone who has the experience necessary to give informed counsel. Estes and Smith have extensive experience litigating serious injuries and accident claims related to motor vehicle accidents, including but not limited to commercial truck accidents, construction site equipment accidents, tour bus accidents and aviation accidents. They have won substantial settlements and verdicts for past clients.

  • $15 Million

    Negligent design and construction of a freeway interchange.

  • $6 Million

    Settlement to 3 young adults injured in an accident, their vehicle left an unmarked roadway and entered onto a construction site resulting in severe injuries.

  • $2 Million

    $2 Million confidential settlement involving sexual assault by a bus driver on cognitively impaired passengers.

  • $1 Million

    $1 Million settlement with the LACMTA arising out of a bus versus pedestrian accident.

  • $3.5 Million

    Obtained a $3.9 million dollar judgement for client who sustained severe head injuries in a roll over vehicle accident.

View More Results

Call For A Free Consultation

We offer clients free initial consultations, and do not bill you unless we have successfully recovered damages for you.That means that there are no costs up front, and you pay nothing unless we win a recovery on your behalf.

Call Today! Se Habla Español

  • Toll FREE

    855-290-8080

  • San Diego

    619-233-8021

  • La Jolla

    858-500-1008

Ask Jeffrey Your Questions

    Please prove you are human by selecting the truck.

    Indio office

    • Phone: 760-640-7116
    • Address:80300 Via Valerosa, Indio, CA 92253

    San Diego Office

    • Phone: 619-233-8021
    • Address: 501 West Broadway, Suite 1650 San Diego, CA 92101

    La. Jolla Office

    • Phone: 858-500-1008
    • Address: 864 Prospect Street, Suite C, La Jolla, CA 92037

    Motor Vehicle Accident

    Serious Injury & Accident Claims

    Construction Accident

    Truck Accidents

    Wrongful Death

    Personal Injury

    About

    Jeffrey Estes Injury Lawyers, A Professional Law Corporation, provides legal counsel, personal service and aggressive representation to people involved in truck, car and related motor vehicle accidents.

    Contact Us

    • PHONE

      619-233-8021

    • ADRESS

      501 West Broadway, Suite 1650 San Diego, CA 92101

    Social Media

       

    Quick Links

    • About
    • Injuries/Accident Claims
    • Vehicle Accidents Overview
    • Verdicts/Settlements
    • Contact
    • Articles
    • Site Map
    © Copyright - Jeffrey Estes Injury Lawyers
    • Areas Served
    • Site Map
    Should You Call the Insurance Company After a Car Accident?How is Pain and Suffering Calculated in California?
    Scroll to top