Carlsbad Wrongful Death Lawyer
Losing a loved one is always painful, especially when their death occurs under questionable circumstances. When a death is caused by someone else’s negligence, California law allows specific individuals to pursue a wrongful death claim for damages. Damages include the loss of love, society, companionship, emotional and financial support, and the overall impact the loss has had on a survivor’s life.
Our Expertise in Wrongful Death Cases
At North County Injury Lawyers, our Carlsbad wrongful death lawyers have more than 25 years of experience in wrongful death claims and lawsuits. We have handled more than 100 wrongful death cases and have the resources to thoroughly investigate your case. We also understand California law, and we have the litigation experience to advance your case. Our team is skilled in preparing and filing necessary paperwork, serving the wrongdoers, negotiating with responsible parties and their insurers, and vigorously representing our clients in court.
Who Can File Wrongful Death Claims in California?
In California, the right to file a wrongful death claim typically belongs to close family members of the deceased. This includes the surviving spouse or domestic partner and children. When there is no surviving spouse or children, the deceased’s parents can file a claim. Additionally, those financially dependent on the deceased, such as putative spouses, their children, and stepchildren, may also be eligible to file a wrongful death claim.
Common Causes of Wrongful Death Cases
A wrongful death claim can arise from any incident where a party is responsible for another’s death. Examples include:
- Auto Accidents: cars, motorcycles, trucks, bicycles, e-bikes, Uber/Lyft and pedestrians
- Workplace Accidents: construction site, manufacturing facilities, or agriculture
- Premises Liability: accidents on another’s property due to a dangerous condition
- Nursing Home Abuse or Neglect: Harm in nursing homes and assisted living facilities
- Public Transportation Accidents: buses, trains, or airplanes
Whatever the circumstances of an unexpected fatality, if the death occurred under strange or suspicious circumstances it is a good idea to her lawyers who can conduct a thorough investigation. Our Carlsbad wrongful death lawyers can do just that.
Proving a Wrongful Death Case
In wrongful death claims, the required proof is lower than that in criminal cases. Under California law, a plaintiffs must prove by a “preponderance of the evidence” that the defendant’s negligent or intentional conduct caused the death. A preponderance of the evidence is often described by It requires that the evidence presented by one side be more convincing and likely true than the evidence presented by the other side. In other words, to meet this standard, a party must show that there is a greater than 50% chance that their wrongful death claim is true. This standard is much lower than the “beyond a reasonable doubt” standard used in criminal cases.
Potential Compensation in Wrongful Death Claims
The types of damages that can be claimed by a wrongful death attorney in a Carlsbad case can include what are called economic and non-economic damages:
- Economic Damages: Financial losses frequently include pecuniary losses such as medical and funeral expenses, loss of past or future financial support from the person who died.
- Non-Economic Damages: The intangible losses to a loved one after a fatality such as the loss of love, society, companionship, comfort, care, assistance, protection, affection, society, and moral support. We sometimes refer to these damages as impact damages.
The Importance of Hiring a Qualified Lawyer
Wrongful death cases are inherently emotional and complex. At North County Injury Lawyers, we have handled many accident fatality cases and can help investigate the case to ensure that all legal requirements are met. We can also provide essential support during this stressful period, allowing you and your family to focus on healing.
If your family has suffered a wrongful death, contact North County Injury Lawyers today for a free consultation. Our Carlsbad wrongful death attorneys serve clients throughout North County and are here to help. Call (760) 571-5500 for a free and confidential consultation.