Escondido Wrongful Death Lawyer

Escondido Wrongful Death Attorney

The death of a loved one is tragic, but it can be absolutely crushing when another person’s negligence or wrongdoing causes the loss. It’s hard to make sound legal decisions when you’re in the midst of grieving, but a caring Escondido wrongful death lawyer can help. An Escondido wrongful death attorney can bring clarity, compassion, and commitment to justice to your case.

About Perry Personal Injury Lawyers

At Perry Law, our California personal injury lawyers zealously advocate for the rights of accident victims across Southern California. Our personal injury lawyers, Liam Perry and Aaron Sibley, are former insurance defense litigators with a combined 30+ years of experience and a proven track record of success for our clients.

We are well-versed in the insurance company playbook and leverage our experience on the defense side to help maximize our clients’ recovery. Peer-reviewed and respected by other law firms throughout California, Perry Law provides personalized, results-oriented legal services designed to deliver justice and peace of mind. Located near the North County Superior Courthouse in Escondido, we are ready to fight for you and your rights.

Understanding Wrongful Death Laws in California

A wrongful death case is a civil claim that can be filed if someone’s life has been ended as a result of another party’s reckless, negligent, or intentional actions. This legal matter focuses on financial accountability for causing death rather than criminal prosecution, although separate criminal charges may apply depending on specific circumstances, such as impaired driving.

California law allows spouses, domestic partners, children, and certain dependents or heirs the possibility to file wrongful death claims for financial restitution following someone’s death because of another person’s negligence. There are many ways in which wrongful death claims can occur, including:

• Car crashes brought on by drunk driving, careless driving, or hazardous road conditions
• Medical malpractice, such as neglect, incorrect diagnosis, or surgical errors
• Workplace mishaps, particularly in industrial or construction settings
• Products with flaws or hazards that malfunction suddenly or were badly designed
• Violent crimes, such as fatal shootings or assaults

You can learn more about your rights, find out if you qualify to file, and receive careful, clear guidance at every stage of the process from an experienced Escondido wrongful death lawyer.

Filing a Wrongful Death Claim

Although there are few statistics on wrongful deaths, the following are documented by the Centers for Disease Control and Prevention (CDC):

• Unintentional injuries account for 24.8 million visits to doctors’ offices.
• 222,698 people died from unintentional injuries in 2023.
• With 47,026 occurrences, many of these came from falls.
• With 43,273 incidents, motor vehicle deaths also came in high.

In California, the statute of limitations for filing a wrongful death claim depends on the specific facts of the case. In most cases, surviving family members have two years from the date of death to file a wrongful death claim.

In wrongful death cases based on medical malpractice, the deadline is either three years from the date of injury or one year from the date of injury discovery, whichever comes first. There are some limited exceptions in cases of concealment or where the defendant leaves a foreign object in a patient’s body.

Damages You Can Recover

A wrongful death claim, in contrast to a normal personal injury case, focuses on the effects on the survivors, as well as the harm done to the deceased. Damages could consist of:

• Costs associated with burial and funeral
• Loss of care and companionship
• Loss of financial support that the departed would have provided for the household
• Costs associated with the final illness or injury
• Distress on an emotional level

Although each case is unique, the law offers this choice to family members who lose a loved one to a preventable death because of carelessness, regardless of the specific cause. This will allow them to pursue justice and financially recover from the experience.

When to Hire a Wrongful Death Lawyer

Hire a wrongful death lawyer as soon as you realize a loved one has died because of another person’s careless or deliberate actions. A lawyer can preserve evidence and discover the full extent of the facts, including all liable parties, before important legal deadlines pass.

In addition, you and your family will have more time to grieve your loss while your attorney acts quickly to file a claim for the full amount of available damages to cover medical costs, lost wages, and your pain and suffering.

FAQs

How Much Is a Wrongful Death Claim Worth in California?

The worth of a wrongful death claim is determined by the facts of the case. The wages that the deceased would have earned during his or her lifetime are a key consideration. Medical and hospital expenses and the value of lost companionship, support, and guidance of the deceased to his or her spouse and family are factored into the value of a claim.

How Much Does a Lawyer Charge for Wrongful Death?

Most wrongful death attorneys work on a contingency fee basis. This means the attorney only collects a fee if they are successful in obtaining compensation on your behalf. Because of this, families do not have to pay upfront legal fees. The fee is usually a percentage of the settlement or verdict and is used to pay for the lawyer’s time, investigation, and trial preparation.

What Is the Burden of Proof for Wrongful Death?

In Escondido, California, the plaintiff in a wrongful death claim must establish that the defendant’s negligence or misconduct caused the death. This typically requires evidence that the defendant owed a duty of care to the deceased, breached that duty, and directly caused the injuries or death. Evidence can include medical records and other documentation that demonstrates liability and the extent of damages suffered by surviving family members.

What Are the Odds of Winning a Wrongful Death Claim?

The odds of winning a wrongful death case depend on the strength of evidence, clarity of liability, and complexity of damages. Cases with clear-cut negligence and well-documented losses tend to have better prospects. However, an experienced attorney can increase the likelihood of success by thoroughly investigating the incident, presenting professional testimony, and skillfully negotiating to ensure fair compensation for surviving family members.

Contact Perry Personal Injury Lawyers Today

If your loved one suffered a wrongful death due to another party’s negligence, Perry Personal Injury Lawyers can help you pursue justice. Contact us today to begin fighting for the justice your family deserves.

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