Filing a Wrongful Death Lawsuit in San Diego: What Families Need to Know
Losing a loved one is one of the most difficult experiences you will ever face, and when an untimely loss is the result of the negligent or willful actions of another person, it’s even more heartbreaking.
While you cope with your grief, you may also be faced with the difficult decision of whether or not to pursue a wrongful death case in California against the party you believe caused the death. The burden of this decision is a heavy one, and is made even tougher by the fact that there are strict time limits for filing and complex legal and financial issues to consider.
During this time of grief, you may be approached by an insurance company with a settlement offer. While accepting a settlement may provide some initial monetary relief, as well as a sense of vindication that someone acknowledges responsibility for the death, do not accept any money or sign an agreement without consulting an experienced wrongful death lawyer first. The team at Mova Law Group – Personal Injury Lawyers has expertise in compassionately guiding families through the complex process of what to do when a loved one is killed. You deserve compensation, and we will help you get it.
Call us today for a free and confidential consultation.
Understanding Wrongful Death Claims in San Diego, California
When a person has been injured or disabled due to the negligent or intentional actions of another person or party, the victim has the opportunity to file a California personal injury claim. When the victim dies as a result of such actions, a wrongful death claim may be filed by family members on behalf of the victim and themselves.
There are many types of situations that may lead to a wrongful death. Some of the most common include vehicle accidents, workplace accidents, medical malpractice, defective products, premises liability, and criminal acts. Here’s a more detailed look at these frequent causes.
Vehicle Accidents
Accidents involving drivers who are speeding, distracted, reckless, aggressive, or under the influence of alcohol or drugs are a common cause of wrongful death, especially when automobiles come in contact with motorcyclists, bicyclists, or pedestrians.
Workplace Accidents
Wrongful death may be the result of accidents where there is a lack of property safety equipment, insufficient training, or a hazardous working environment or conditions such as those on construction sites, in factories and industrial facilities, and in agricultural settings.
Medical Malpractice
Failure to provide the proper standard of care, misdiagnosis or delayed diagnosis, mistakes made during a medical procedure such as surgery, and prescription errors may lead to wrongful death.
Defective Products
Wrongful death can be the result of using machinery or consumer products that are defective or unsafe such as machinery, industrial equipment, automobiles and other vehicles, children’s toys, and medical devices.
Premises Liability
When a person is on someone else’s property and dies, a wrongful death case may be brought because of unsafe or hazardous conditions that lead to an accident such as a slip and fall or a dog bite, insufficient security, lack of proper egress during a fire, or a variety of other reasons.
Criminal Acts
Assault, battery, or any other intentional act of violence that leads to a person’s death may lead to a wrongful death claim, even if the actions were only intended to cause harm and stop short of killing the person.
Who Can File a Wrongful Death Lawsuit in San Diego?
California Civil Procedure Code §377.60 specifies exactly who has the right to file a wrongful death lawsuit. The deceased’s surviving spouse or domestic partner and the surviving children may file a wrongful death lawsuit. In the absence of these survivors, a lawsuit may be brought by family members legally entitled to the victim’s property such as the siblings or parents.
Other parties who may be entitled to file a California wrongful death claim include the putative spouse (a person who is not legally married to the victim but had a good faith belief that they were), children of the putative spouse, and the victim’s stepchildren.
While the law is clear, your specific circumstances may not seem quite as clear when viewed through the fog of grief and when complex family dynamics are at play. If you’re not sure whether you can file a wrongful death lawsuit, consult with our team of experienced wrongful death lawyers. We would be honored to help you through every step of the process and advise you of your rights.
How Much Time Do I Have to File a Wrongful Death Lawsuit in California?
The statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. This may seem like a long time, but when you are grieving and dealing with everything from notifying loved ones and making funeral arrangements to handling the deceased’s estate and dealing with financial and emotional loss, two years can fly by.
It’s also important to know that there are some circumstances where you may have even less time to file, which is why it’s critical you seek the help of an experienced wrongful death attorney right away, even if you’re not sure you want to file a claim. Your lawyer will help ensure you don’t miss any important filing deadlines.
Some notable exceptions to the two-year statute of limitations include the following:
- If the lawsuit is against a city, county, municipality, or other government entity, you only have six months to file a claim, and the clock may start ticking from the date of the accident or incident that caused the death.
- In cases of medical malpractice, you have only one year from the date of discovery of the malpractice to file your lawsuit, or three years from the date of death.
- If a child of the deceased was a minor at the time of death, the statute of limitations begins when the child turns 18 rather than beginning at the time of death.
There may be special circumstances in your case, and if you miss the deadline to file, you permanently give up your rights to receive compensation in the future. This is why it’s very important you speak as soon as possible to a lawyer who specializes in wrongful death and personal injury.
What Types of Compensation are Available in Wrongful Death Lawsuits?
Historically, wrongful death lawsuits in California allowed family members to recover damages for economic losses but did not allow them to seek compensation for certain non-economic losses like the deceased’s pain and suffering. In 2021, the legislature passed SB 447 which broadened the scope of damages that could be awarded in a wrongful death lawsuit, but only through the end of 2025. There are ongoing discussions at the state level and it’s possible these changes will be made permanent. At Mova Law Group – Personal Injury Attorneys, we are keeping an eye on these developments so we can provide you with the most up-to-date information that might affect your case.
Compensation that may be awarded in a California wrongful death lawsuit includes both economic and non-economic damages.
Examples of Economic Compensation
- Funeral, burial, and/or cremation costs
- Medical bills related to treating the fatal injury or illness
- Loss of income, including the deceased’s past and future earnings
- Loss of benefits such as those from pensions, retirement contributions, and health insurance policies
Examples of Non-Economic Compensation
- Loss of companionship and affection due to the deceased’s absence
- Loss of guidance, support, and advice, especially for minor children left behind
- Loss of consortium for the spouse who is deprived of the sexual and marital relationship
What About Punitive Damages from a Wrongful Death Lawsuit?
Relatives of the deceased are generally not able to sue for punitive damages such as pain and suffering, but there are two notable exceptions.
The first exception is if the death was caused by a felony homicide and the defendant has already been convicted of the crime. In this case, the family may sue the defendant for pain and suffering caused to the victim.
The second exception is through a “survival action” filed by the deceased’s estate (this is allowed through at least the end of 2025 under SB 447). A survival action is typically filed concurrent with the wrongful death lawsuit and filed on the victim’s behalf to recover the kinds of personal injury damages the claimant had and would have had if they had not died. Survival actions can include economic and non-economic damages, as well as punitive damages to compensate for the victim’s pain and suffering and to punish the responsible party if their actions were particularly reckless or egregious.
How Do You Prove Wrongful Death in California?
In order to win a wrongful death lawsuit in the state of California, four elements must exist:
- Duty of Care: Prove the defendant had a responsibility to act in a manner so as not to cause harm. For example, property owners have a responsibility to keep premises free of hazardous conditions, product manufacturers must provide safe products, and drivers must operate a vehicle safely.
- Breach of Duty: Prove the defendant failed to meet their duty of care, either through negligence or through reckless or intentional acts that caused harm.
- Causation: Prove the death was directly caused by the breach of duty, i.e., that the death would not have occurred except for the negligence or actions of the defendant.
- Damages: Prove the deceased’s surviving family members have suffered or will suffer economic and/or non-economic losses as a result of the death.
These terms may be unfamiliar to you, but our wrongful death lawyers will simplify things for you. While you focus on your family and your healing, we are here to handle the complicated legal process of pursuing compensation for your devastating loss.
How Difficult Is It To Prove Wrongful Death?
Proving a wrongful death case can be complex but an experienced wrongful death lawyer will be able to help you navigate through the process from the very beginning, including meeting statutory deadlines for filing and collecting evidence. Some types of evidence that can be helpful in proving your claim include things like the following:
- Bills for Funeral and Related Expenses: You may be entitled to compensation for the costs of the funeral, burial, and/or cremation services.
- Medical Bills: Hospital stays, medications, surgeries, durable medical equipment, hospice, and other costs related to caring for and treating the injury or illness that caused the death may be compensable.
- Financial Documents: Statements showing the deceased’s income, retirement contributions, and benefits are helpful, as well as documents showing contribution to household and other expenses relied on by the surviving family members.
Your attorney may also collect and present other documentation to support your case such as witness accounts and expert testimonies. The sooner you contact an attorney after the death of your loved one, the more confident you can be that your team will have the right evidence to help you get the compensation you deserve.
Why You Need the Right Representation for Your Wrongful Death Case
Choosing the right lawyer to work with during this stressful and emotional time is very important. You will likely have a lot of questions about the entire process, starting with whether or not you even have a case, and if you do, whether you want to pursue it. An experienced and compassionate wrongful death lawyer will help ensure you meet filing deadlines and collect pertinent evidence. The wrongful death attorneys at Mova Law Group – Personal Injury Lawyers are highly skilled at negotiating settlements with insurance companies, and when a fair settlement cannot be reached, are ready to argue your case in the courtroom. You have enough to worry about when grieving the loss of a loved one without having to concern yourself with the legal aspects of a lawsuit. Let us take care of your case so you can focus on healing. Call us today–consultations are always free and confidential
