San Diego Wrongful Death Lawyer

Processing your grief after the death of a loved one is hard. Your loss may make day-to-day life difficult in other ways, too. The loss of a family member can leave you struggling to pay bills, adding to the pain and stress you are experiencing. If the person close to you died because of somebody else’s error, a San Diego wrongful death lawyer can help.

Although no compensation payment can make up for your loss, it can reduce your financial distress. Turn to us in your hour of need. Triumph Law’s Mr. Robert Carichoff has over 20 years of experience in this field. Our San Diego personal injury lawyer has recovered millions of dollars in compensation for its clients.

Who Can Claim Compensation Through a Wrongful Death Lawsuit

The deceased person’s family members and, in certain circumstances, their estate may sue for wrongful death. A specific order of succession applies. It follows the order that would be observed to determine who the next of kin is. The spouse or registered partner would, therefore, be the first possible claimant. 

If the deceased person does not have a living spouse or they submit a waiver indicating that they do not want to claim, children are next in this order of precedence. If they are minors, their legal guardian may represent them. If children are deceased, grandchildren may file a claim.

Other people who may claim damages (in order of succession) include dependent minors other than children, stepchildren, or adopted children; parents; siblings; their children; grandparents; and the children of a deceased spouse. 

How Wrongful Death Cases Work in San Diego

To show that the party you are holding liable is responsible for a wrongful death, we must prove several facts. 

• First, there was a legal duty of care on the part of the defendant 
• Secondly, this duty was breached by the defendant 
• As a direct result of this, the breach of care caused the victim’s death
• The plaintiff has suffered damages because of the loss

From a technical perspective, a wrongful death lawsuit consists of two components: the wrongful death action and a survival action. The latter refers to damages the deceased person could have claimed had they survived.

Types of Damages Claimable in a Wrongful Death Lawsuit

Damages are awarded to compensate for direct forms of harm resulting from a wrongful death. They fall into two broad categories. Economic damages reimburse you for financial harm. Non-economic damages attempt to compensate you for harm you would not ordinarily measure in monetary terms.

Punitive damages, intended as a punishment against the guilty party, are less likely to apply. Intentional harm or gross negligence must be proven. Your San Diego wrongful death attorney will be able to advise you on this. 

Economic Damages

At a time when you are experiencing loss and grief, you may find yourself facing high medical bills and funeral costs. Rest assured, the law allows you to recover them. These amounts will form part of your wrongful death claim.

Family members who depend on a deceased person for their financial support may face an uncertain future. A spouse and surviving dependents can claim for the earnings the deceased would have contributed during their lifetime.

Other family members and heirs may be eligible for economic damages. However, they must prove that they were required to pay costs. They will not be able to claim future earnings unless there is evidence that they depended on the deceased’s earnings in some way.  

Non-Economic Damages

Non-economic damages will never repair the harm you suffer because of a wrongful death. Nevertheless, they will help you through an incredibly difficult time. It will be extremely important to have an attorney present when claiming non-economic damages. 

The difficulty is that it is nearly impossible to quantify non-economic damages. They are very open to legal debate, and your wrongful death lawyer in San Diego will know how to present the case. 

Damages may include loss of companionship, care, protection, affection, and moral support. As your attorneys, we will discuss the nature of your relationship with the deceased. For example, a child has a different relationship with a parent than a spouse or partner. This conversation helps us to determine which non-economic damages you should claim. 

Survival Damages: Your San Diego Wrongful Death Lawyer Helps Add to Your Total Compensation

If your deceased loved one had survived the events that led to their death, they could have been eligible for additional damages. For example, they may have approached a San Diego car accident lawyer to help them claim damages after a car accident. 

Although they are no longer with you, a wrongful death lawyer can still take action on their (and your) behalf. This includes an additional set of damages ranging from damage to property to pain and suffering. Lost earnings can be factored in, as can any related medical expenses they had already paid. 

The amount recovered is paid to the deceased person’s estate. Once it is settled, the funds will be distributed in accordance with their will. If a person passes away and does not have a will, the next of kin will inherit their assets.

Navigating Wrongful Death Lawsuits With Triumph Law

We know that you are living with grief and loss. We will, at all times, respect that, treating you with compassion. We will be proud to assist you by shouldering the task of determining wrongful death damages. 

If we can achieve a fair settlement without subjecting you to the painful experience of testifying in court, we will do so. You will need our support to ensure you do not settle for less than you should, and if it is not possible to reach an agreement, a judge will decide the matter.

We know that you may be experiencing financial difficulties following your loss. If we do not win your wrongful death suit, you will not be liable for any fees. It is just one of the benefits of choosing Triumph Law. To learn more about our firm, contact us for a free case evaluation from our experienced wrongful death attorney in San Diego.