Carlsbad Wrongful Death Attorney
Avvo “Superb” Rated Lawyer Serving Southern California for 40 Years
Losing a loved one is never easy—especially when the cause of death was the result of another person’s negligence or mistake. A wrongful death lawsuit can be made when charges are filed against the individual(s) or public agencies responsible for the death of another person due to a wrongful act. Wrongful death claims are considered civil lawsuits presented to a court directly by the survivors of the deceased person. The wrongful death settlement demand is focused entirely to pursue money damages against the defendant to pay to the decedent’s survivors.
If you have lost a loved one due to the fault of another person’s negligence you may be entitled to wrongful death damages under the law. It is important that you call the Levinson Law Group right away to start building your case since wrongful death cases must be filed within two years of the date of the decedent’s death according to the statute of limitations in California.
Call the Levinson Law Group today at (760) 742-5221 for a free consultation to determine whether your loss is a case of wrongful death.
Types of Wrongful Death Claims
There are multiple circumstances in which a wrongful death lawsuit can arise from such as:
- Medical malpractice
- Slip and fall
- Auto accidents, including truck accidents and motorcycle accidents
- Bus, train & trolley accidents
- Nursing home abuse
- Work-related incidents
- Pharmaceutical malpractice
- Dog bite attacks
- Defective products
Wrongful Death Damages in California
If you are wondering what type of compensation you could be entitled to, the answer lies in the specific factors affecting your case.
For example, these factors may include:
- Pain and suffering
- Out of pocket costs related to the accident including medical costs and funeral expenses
- Anticipated future earnings of the deceased
- Benefits of the deceased including health insurance coverage and pensions
- Inheritance of the deceased
- Loss of care, companionship, protection, consortium, and more
Who Can File a Wrongful Death Claim in California?
According to the California Code of Civil Procedure, in the state of California not every person is eligible to file a wrongful death lawsuit. The current statute of limitations specifies only the following rightful claimants can establish a wrongful death claim:
- Deceased person’s spouse and / or children
- Deceased person’s domestic partner
- Deceased person’s parents, siblings, or children of deceased siblings
- Deceased person’s grandparents or lineal descendants
- Financial dependents at the time of death
In the case that there are multiple eligible surviving family members involved in the same wrongful death claim, the damages must first be awarded, then divided between all claimants. During a California wrongful death case, a simple lump sum for money damages is awarded to a group of plaintiffs. It is the responsibility of the group to decide how to divide the award. If all claimants cannot reach an agreement, they may have to reach a judgment in court.
Proving your Wrongful Death Case
A plaintiff must be able to prove both liability and damages in a wrongful death case. Our legal professionals at the Levinson Law Group employ various experts such as doctors, nurses, various counselors, and other professionals as needed in order to ensure that our wrongful death claims are properly documented to achieve the highest financial recovery possible.
Contact the Levinson Law Group at (760) 742-5221 for a Free Case Review Now
If you believe your loved one has died in a wrongful death incident as a result of another person’s negligence, we can help you seek financial compensation from the responsible parties and their insurance companies. Call the Levinson Law Group at (760) 742-5221 to schedule your free consultation today. Our Carlsbad wrongful death lawyers are here for you, and we’re ready to fight.