Oceanside Wrongful Death Lawyer
Experiencing the wrongful death of a loved one is one of the most devastating outcomes of negligence to the families impacted. If negligent or intentional conduct was the cause of the death, heirs have the legal right in California to seek damages for the loss through a wrongful death lawsuit. In our 20 years in North County San Diego, we have handled many fatality lawsuits here at North County Injury Lawyers and are here to help if we can.
What Is an Oceanside Wrongful Death Case?
Wrongful death law in California allows the surviving family members of a deceased person to file a lawsuit if the death was caused by another party’s negligence, recklessness, or intentional act. The primary purpose of the law is to provide financial compensation for the losses suffered by the survivors, including the decedent’s medical expenses, funeral and burial costs, lost income, and loss of companionship. Hiring a qualified Oceanside wrongful death lawyer is imperative to seek the best outcome possible.
At North County Injury Lawyers, we have represented clients in various wrongful death cases arising from car and motorcycle accidents, workplace accidents, healthcare mishaps, and pedestrian accidents. We have the experience and expertise to help you navigate even the most complex cases, and the resources to investigate the case.
Who Can File a Wrongful Death Claim in Oceanside?
In California, only certain family members and dependents have the proper legal standing can bring wrongful death lawsuit. These include:
- Immediate Survivors: Surviving spouses and children (biological or adopted)
- Grandchildren: If the deceased’s children are deceased
- Financially Dependent Minors: Non-biological or adopted minor children at the time of the death who relied on the decedent for at least half of their financial support
- Putative Spouses: Individuals who believed they were legally married to the deceased in good faith
- Other Relatives: If the deceased has no immediate survivors, parents, siblings, or legal guardians may be eligible
Navigating a Oceanside wrongful death laws can be complicated, and it is not the kind of case you want to go it alone. Let the capable Oceanside wrongful death lawyers at North County Injury Lawyers take on the burden of responsibility.
How Long Do I Have to Pursue a Wrongful Death Claim in California?
California law sets a statute of limitations for pursuing a wrongful death claim. For an accident that occurred in Oceanside, the plaintiffs would have two years from the date of the individual’s death to file a wrongful death claim. After this period, the case would likely be barred.
If the wrongdoer was working for a government entity, or a government property was involved – cities, schools, military, public parks, etc. – there is a shorter statute. That is why it is important to seek legal advice right away.
The Survivor Action
California law now allows the recovery of pain and suffering damages experienced by a person who dies before trial. Previously, only the qualified claimants (previously mentioned) could bring a case for wrongful death, but the person who died could not. Recognizing this unfairness, the California Legislature amended the law to permit the decedent to bring his or her own case and collect damages for the pain and suffering the decedent experienced prior to the death.
Damages in a Wrongful Death Case
“Damages” in a wrongful death case refer to monetary compensation awarded to the surviving family members that are intended to cover both economic and non-economic support they would have received if the deceased had lived. Those damages include
Economic Damages
- In California, economic damages may include:
- Financial support the deceased would have provided
- Medical, funeral, and burial expenses
- The value of household services the deceased would have performed
- Loss of benefits and gifts that the relatives would have expected to receive
Non-economic Damages
- Loss of the deceased’s love, protection, society, and companionship
- Affection, moral support, training, and guidance
Establishing these damages requires gathering of all the relevant evidence and learning about the relationships between the decedent and the wrongful death claimants.
Contact Our Compassionate Wrongful Death Lawyers in Oceanside
Wrongful death lawsuits seek justice for those who can no longer speak for themselves and hold responsible parties accountable. They also play a crucial role in preventing future tragedies. As family members of an Oceanside wrongful death victim, you have the right to file a claim and seek damages against those responsible.
When you are ready to discuss the negligence-related death of your loved one, please free to reach out to us. We can talk at any time that is convenient to you and are willing to come to your home if that is what you prefer. We can always be reached at (760) 571-5500, or via the contact form above.