It can be difficult to know where to turn for help if you’ve lost someone you love in an unexpected accident in Carlsbad, CA. You deserve to hold the responsible parties accountable. An experienced Carlsbad wrongful death lawyer at Petrov Personal Injury Lawyers can help your family recover compensation for medical bills, lost financial support, and loss of your loved one’s company and guidance.
Our team has over 20 years of experience helping families with cases similar to yours. Since we opened our legal practice, we’ve recovered over $40 million on behalf of accident victims and their families.
We’re here to offer the legal advice you deserve. Don’t hesitate to contact us. Call our law (619) 344-0360 offices in Carlsbad, California to schedule a free consultation today.
How Petrov Personal Injury Lawyers Can Help With a Wrongful Death Case in Carlsbad, CA
Dealing with your personal and emotional losses when you lose a loved one can seem unbearable. Life can become even more difficult when you realize your family’s financial security is in jeopardy. If your loved one died in an accident due to someone else’s negligence, you don’t have to let the person responsible off the hook for your financial losses.
To ensure you’re getting the full compensation you deserve, it’s important to have an experienced Carlsbad personal injury attorney by your side.
At Petrov Personal Injury Lawyers, we’re passionate about helping our grieving clients obtain financial security. We have a proven track record of helping clients negotiate fair settlements. We also have the skills you need in your corner if your case goes to trial.
When you trust us with your case, we will:
- Investigate the circumstances of your loved one’s death
- Gather evidence to prove causation and establish liability
- Hire experts when they can strengthen your case
- Calculate your case value
- Handle all negotiations on your behalf
The grieving process is difficult enough. Call our Carlsbad personal injury lawyers for help getting the full compensation you deserve.
What is Wrongful Death?
A wrongful death is any type of death that is caused by someone else’s careless, reckless, or wrongful actions.
Because the victim lost their life, they can’t file a personal injury lawsuit to recover compensation from the at-fault party. Under California law, the right to sue for damages is transferred to surviving family members.
Wrongful death cases are not criminal matters. Depending on the facts, the defendant may also face criminal charges. However, wrongful death cases are handled in civil court. While criminal courts are concerned with punishment, civil courts determine whether surviving family members are entitled to financial compensation.
Who Can File a Wrongful Death Lawsuit Under California Law?
Special procedural rules apply in wrongful death cases. Only certain parties are permitted to file a lawsuit for damages.
The following parties are entitled to file a wrongful death lawsuit under California wrongful death laws:
- Surviving spouses or domestic partners
- Children of the decedent
- Grandchildren, in cases where the deceased person’s children were also deceased
- The victim’s parents, stepchildren, or putative spouse, if they can prove that they depended on the deceased person for financial support.
A putative spouse is someone who believes that their marriage to the deceased person was valid when it really was not.
If no qualifying relatives exist, the parties who would be entitled to the deceased person’s assets under state intestate laws may sue for damages.
What is My Carlsbad Wrongful Death Claim Worth?
As with any personal injury claim, the value of a wrongful death case depends on many unique factors. Wrongful death cases, however, are different from most personal injury claims. That’s because many of the damages you will recover will be for future losses.
The amount of compensation you and your family recover will be based on:
- Loss of your loved one’s future financial support based on their prior earnings, education, and work history
- The medical bills, funeral costs, and other expenses your family has incurred due to the loss
- The types of household services or childcare duties performed by the decedent
- The age of any surviving dependents, including young children
- Your loved one’s life expectancy prior to the accident
- The circumstances of the accident and the nature of the at-fault party’s actions
- Your family’s personal losses, including pain and suffering
- The suffering endured by your loved one prior to death
The damages involved in a wrongful death case can be especially hard to value. That makes it especially important to have a skilled Carlsbad wrongful death attorney by your side.
At Petrov Personal Injury Lawyers, we have relationships with trusted experts who can help us prove your case value. We are well-prepared to fight for your family. Just call to schedule your free case evaluation today.
Can Shared Fault Impact My Right To Recover Damages Under California Wrongful Death Laws?
Blaming the victim is a common negotiation strategy used by California insurance companies. Because California follows a pure comparative negligence law, anyone who was even slightly responsible for the accident can be partly liable for damages. That includes a victim in a fatal accident.
If someone else was partly to blame, you won’t lose your right to compensation entirely. However, shared fault can reduce the amount you take home. For example, if your loved one was 10% responsible for causing their own death, your settlement or verdict will be reduced by 10%.
Insurance companies don’t always play fair, so don’t be surprised if they try to blame your loved one for causing the accident. If shared fault is at issue, contact our lawyers in Carlsbad to learn more about how we can protect you from these and other scare tactics.
Our Wrongful Death Attorneys Will Fight To Recover Compensation for the Harm Your Family Has Suffered
After the death of a loved one, grieving families may recover fair compensation for all of their economic losses. They can also seek compensation for their more personal and intangible non-economic damages.
Examples of the types of damages you may receive by filing a wrongful death lawsuit include:
- Medical expenses incurred from the date of the injury until the date of death
- Funeral costs and burial expenses
- Your lost wages while you grieve and recover
- Loss of financial support
- Loss of household services
- Loss of parental guidance and support
- Loss of consortium
- Pain and suffering
- Mental health disorders, including anxiety and depression
Your family’s loss is unique. Our lawyers in Carlsbad can help you document the types of damages you have suffered due to your loss. Call our team today to learn more about your legal options.
What Are the Most Common Causes of Wrongful Death in Carlsbad, California?
Some of the most common types of wrongful death claims involve:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Sports accidents
- Poisonings and exposure to toxic substances
- Boating accidents
- Accidents in schools, daycares, and colleges
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Assault and violence
- Negligent security
- Dangerous property conditions
At Petrov Personal Injury Lawyers, we handle all types of wrongful death claims. To learn more, call to schedule a free initial consultation with a Carlsbad wrongful death attorney.
How Do I Know Whether I Have a Valid Wrongful Death Lawsuit in California?
To recover damages for wrongful death, you must be able to prove that someone else was at least partly responsible for your loved one’s death. Most of the time, these cases are based on negligence.
Someone is negligent if they:
- Owed you a legal duty of care
- Breached the duty of care
- Caused your loved one’s death and your family’s damages
While you focus on your family’s well-being, our lawyers will gather the strong evidence you need to prove your case. We know the types of evidence that insurance companies take seriously.
We’ll search for:
- Eyewitnesses who can testify about what happened
- Police and accident reports
- Video surveillance footage
- Citations and safety reports
- Cell phone records
- Evidence from an accident scene, when applicable
- Opinions from accident reconstruction specialists
The evidence that’s available in your case will depend on the circumstances surrounding your family member’s death.
How Long Do I Have To File an Action for Wrongful Death After a Fatal Accident in California?
You have two years to take legal action and file a wrongful death lawsuit. The statute of limitations in California starts to run on the date of your loved one’s death. Once the two-year period to file a wrongful death claim is over, you lose your right to seek compensation for your losses.
Depending on the facts, it’s possible that a different deadline could apply in your case. That makes it important to call an experienced lawyer soon after your loved one’s accident and death.
Contact a Carlsbad Wrongful Death Lawyer for a Free Consultation
Our lawyers at Petrov Personal Injury Lawyers are ready to start fighting for your family. We know you’ve suffered an unbearable loss. Let us handle the legal issues. Just call to schedule a free consultation with an experienced Carlsbad wrongful death lawyer today.
