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Losing a loved one is something that we wish nobody ever has to experience. The feeling of loss will be compounded if the death was caused by the careless or negligent actions of another individual, business, or entity. At Panish Shea & Boyle LLP, we are here to help if you need a San Diego wrongful death attorney. We want to help your family gain the closure and compensation that you are entitled to for the loss you have endured.
Why Choose Panish Shea & Boyle LLP for a Wrongful Death Claim in San Diego?
- At Panish Shea & Boyle LLP, our compassionate team of attorneys has extensive experience handling complex wrongful death claims throughout California.
- We purposely limit the number of cases that we take so that we can focus all of our attention on your case.
- We have an extensive track record of success and are regularly able to help clients recover maximum compensation for their losses.
- We are continually recognized for excellence in major publications throughout the country, as well as by other trial attorneys and legal organizations.
How an Attorney Will Help With a Wrongful Death Claim
Wrongful death claims in San Diego can become incredibly complex, particularly for those who do not have any legal experience. A skilled wrongful death lawyer can use their resources to handle every aspect of these claims. An attorney will be able to:
- Fully investigate the cause of death in order to gather any evidence needed to prove liability.
- Work with any investigative authorities looking into the death.
- Ensure that the claim is evaluated by trusted financial and economic experts who can help calculate a family’s total losses.
- Handle negotiations with insurance carriers and at-fault parties in order to recover the compensation grieving family members deserve.
What Is Wrongful Death Under California Law?
When we examine California’s Code of Civil Procedure 377.60, we can see that the wrongful death law in this state allows surviving family members or the estate of the deceased to file a lawsuit for damages if a person dies as a result of the wrongful act of another. This could include a negligent, reckless, or intentional action that leads to a death.
Wrongful death claims arise in various ways in and around the San Diego area. At Panish Shea & Boyle LLP, our attorneys are able to help family members who have lost a loved one due to:
- Car accidents
- Commercial truck accidents
- Aviation accidents
- Bus accidents
- Pedestrian and bicycle accidents
- Defective product incidents
- Premises liability claims
- Motorcycle accidents
- Workplace accidents
- Medical mistakes
This is certainly not an exhaustive list of the ways that wrongful death claims arise in and around the San Diego area. If you have lost a loved one and you believe that their death was caused by the actions of another individual or entity, contact our attorneys so we can help you determine the best steps moving forward.
Types of Compensation Recoverable in These Claims
Our San Diego wrongful death lawyers work diligently to recover maximum compensation on behalf of our clients. While we understand that no amount of money will erase this tragic loss, a settlement or jury verdict can help families move forward after sustaining financial setbacks caused by the death.
Some of the types of compensation that are recoverable in the aftermath of a wrongful death are considered economic damages, while other losses are considered non-economic damages.
- Economic damages. In California, the following types of compensation can be recovered by family members and heirs of the deceased.
- The financial support the deceased would have provided during their lifetime had they lived
- The loss of gifts or benefits the heirs what have received from the deceased
- The reasonable value of household services the deceased would have provided
- Funeral and burial expenses
- Non-economic damages. These damages are more immeasurable than the economic damages listed above and can include compensation recovered for the loss of the deceased’s:
- Moral support
- Training and guidance
- Sexual relations
Who Can File a San Diego Wrongful Death Claim?
The wrongful death law in California allows various individuals to file these claims in court. This includes the following:
- The spouse or domestic partner of the deceased
- The surviving children of the deceased
- The grandchildren of the deceased if their parents are not living
If there is no surviving person in the line of descent for the deceased, the wrongful death claim is allowed to be filed by any person “who would be entitled to the property of the decedent by intestate succession.” This can include the parents of the deceased, the siblings of the deceased, or any person who was dependent upon the deceased at the time of death.
Time Limit to File a San Diego Wrongful Death Case
The wrongful death statute of limitations in California is two years from the date of death. If the family members or the heirs of the deceased fail to file a lawsuit against the alleged negligent party within this two-year timeframe, they will not be able to recover the compensation they are entitled to.
There are a few exceptions to this two-year statute of limitations, and we strongly recommend that you speak to a San Diego wrongful death attorney as soon as possible so they can help determine whether or not you can still file your claim.
Affording a Wrongful Death Lawyer in San Diego
At Panish Shea & Boyle LLP, we take wrongful death cases on a contingency fee basis. This means that family members will not be responsible for paying any legal fees to our personal injury attorneys until after we recover the compensation they are entitled to.
Contact a San Diego Wrongful Death Attorney Today
If you have lost somebody that you care about, we understand you are going through a very challenging time. At Panish Shea & Boyle LLP, our compassionate San Diego wrongful death attorneys have extensive experience helping families get through these situations in the best way possible. Our goal is to help ensure that you recover the closure and compensation you are entitled to for your loss. Let us get to work helping you through this today. You can contact us for a free consultation by clicking here to fill out our contact form or calling us at (310) 477-1700.