Did you lose a loved one in a fatal accident in Encinitas, CA? If someone else was responsible, your family may be entitled to compensation to help you through this difficult time. An experienced Encinitas wrongful death lawyer at Petrov Personal Injury Lawyers can help you fight to recover fair compensation for medical expenses, loss of financial support, and the loss of your loved one’s company and assistance.
Our lawyers have over 20 years of experience representing grieving families across San Diego County. We’ve already recovered over $40 million to hold negligent parties responsible for their actions.
How Can Petrov Personal Injury Lawyers Help If I Lost a Loved One in a Fatal Accident in Encinitas?
The death of a family member can change your life in dramatic ways. If the deceased person contributed to the family’s income, you might soon start to struggle with the bills on top of everything else. While we can’t bring your loved one back, we can help you fight to protect your family from financial instability. With money in your pocket, you can turn to focus on your family’s well-being.
That said, insurance companies are notorious for making things difficult. They could blame your loved one for causing their own death. They might deny responsibility outright. An experienced Encinitas personal injury lawyer can help.
When you choose Petrov Personal Injury Lawyers to handle your case, our lawyers can:
- Gather evidence to prove what happened
- Determine who is responsible for paying your family’s damages
- Protect you from insurance tactics designed to reduce your compensation
- Retain top experts who can strengthen your insurance claim
- Handle all paperwork and insurance negotiations
- Represent your family in court if necessary to recover a fair compensation award
Our Encinitas personal injury attorneys are here to offer the quality legal representation you deserve. To learn more about an attorney-client relationship, call for a free consultation today.
Overview of California’s Wrongful Death Laws
A wrongful death is any death that happens because of another person’s careless, reckless, or wrongful acts.
Wrongful death cases are civil matters. Sometimes the defendant may also be facing criminal charges for intentional wrongdoing. However, most of the time, wrongful death cases are based on accidents.
When someone is injured in an accident, they can file a personal injury lawsuit for damages. In fatal accident cases, the victim never gets the opportunity to sue for damages. Instead, surviving family members inherit that right.
Under California’s wrongful death law, only certain parties can file an action for wrongful death.
Those parties include:
- A surviving spouse
- Domestic partners
- The victim’s grandchildren, if their children are deceased
It’s also possible that additional family members may be entitled to file a wrongful death lawsuit. These parties include stepchildren, parents, or a putative spouse (someone who believed they were legally married to the deceased person). However, for these parties to seek compensation, they must prove they depended on the decedent for financial support.
What Is My Encinitas Wrongful Death Case Worth?
The value of a wrongful death claim depends on many unique variables. Before you begin insurance negotiations, it’s important to have a lawyer review your case. That way, you can understand whether the insurance company is offering a fair settlement.
When we’re evaluating your case value, our Encinitas wrongful death attorneys will consider:
- The circumstances of the accident
- Your loved one’s pain and suffering prior to death
- The types of expenses your family incurred prior to death, including medical bills
- The identity of surviving dependents, including children
- Your loved one’s age and life expectancy prior to the accident
- Your loved one’s future earning potential, considering past earnings, education, and experience
- The overall impact on your family’s health and well-being
The death of a loved one is overwhelming for many different reasons. Your family shouldn’t have to struggle financially because someone else was careless.
At Petrov Personal Injury Lawyers, our goal is to help your family recover every available dollar. We know that money can’t bring your loved one back. It can go a long way toward protecting your family’s future financial stability.
What Types of Damages Can I Recover in an Action for Wrongful Death in Encinitas, CA?
There are two types of compensatory damages. Under California law, surviving family members of fatal accident victims can seek compensation for economic and non-economic damages.
Examples of the specific types of damages you may be entitled to recover include:
- Medical expenses incurred from the date of injury until the date of death
- Administrative costs associated with administering the estate
- Funeral expenses and burial costs
- Loss of financial support
- Loss of the value of household services
- Property damage
- Loss of consortium
- Loss of parental support and guidance
- Pain and suffering
Punitive damages may also be available if your loved one’s death was caused by someone else’s intentional wrongdoing or gross negligence. While these damages are rare, they serve to punish the defendant.
The nature of your damages award will depend on your family’s specific losses. To learn more about the types of damages you may recover, contact our legal team for a free case review today.
How Can Comparative Negligence Impact My Case If My Family Member Is Being Blamed for a Fatal Accident in California?
If someone else shares some blame for your loved one’s death, your family won’t lose your right to compensation entirely. That’s true even if your loved one was partly responsible.
Under California’s pure comparative negligence law, a victim’s compensation is reduced in proportion to their percentage of fault. So, even if your loved one was 75% responsible for their own death, you can still take home 25% of your compensation award. However, the less fault allocated to your family member, the better.
Remember that insurance companies often try to twist the facts to avoid paying less than they deserve. Shared fault claims aren’t always justified.
You’ve already lost a loved one. You shouldn’t have to deal with unfair allegations that your loved one was responsible for their own death. Our lawyers are here to protect your family from these insurance strategies. We’ll work to locate evidence to help minimize the fallout if your loved one is being blamed for their own death.
What Are the Leading Causes of Wrongful Death in Encinitas, California?
Some of the most common causes of wrongful deaths in Encinitas include:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Medical malpractice
- Nursing home abuse
- Construction accidents
- Workplace accidents
- Dog bites
- Boating accidents
- Sports accidents
- Amusement park accidents
- Swimming pool accidents
- Defective products
- Fires and explosions
- Intentional assault and violence, including firearm violence
If you lost a loved one due to someone else’s actions, contact Petrov Personal Injury Lawyers for legal advice today. Our Encinitas wrongful death attorneys will do everything possible to help your family recover the meaningful financial award you deserve.
How Do I Prove Liability in a California Wrongful Death Case?
Like in any personal injury case, to successfully establish liability for wrongful death, your lawyer must typically prove negligence.
Negligence means that:
- Someone else owed your loved one a legal duty of care
- They breached that duty
- The breach of duty caused your loved one’s death
- Your family suffered damages as a result
It’s also possible that your case could be based on strict liability or intentional wrongdoing. Regardless of the circumstances, our lawyers in Encinitas will search for evidence to support your case.
Many different types of proof can support your damages claim, including:
- Police and accident reports
- Medical records
- Video surveillance footage
- Statements from eyewitnesses
- Property or vehicle maintenance records
- Past complaints about the defendant’s safety record
- Recording devices from a motor vehicle
You have enough on your plate without worrying about conducting an investigation into your loved one’s death. Our lawyers will handle the search for evidence and any other legal issues that arise along the way.
To learn more about your legal rights and options after losing a loved one, contact our legal team to schedule a free case review.
How Long Do I Have To File a Wrongful Death Lawsuit After a Fatal Accident in California?
In most cases, a two-year statute of limitations applies. You have two years from the date of your loved one’s death to file a lawsuit for damages.
However, it’s possible that you could have more or less time. For example, if your loved one died because of a medical error, you have three years to file a lawsuit based on medical negligence.
We recommend that you contact our law office to confirm the appropriate deadline for your specific case because of this complexity.
Contact an Encinitas Wrongful Death Lawyer for a Free Case Review
There is nothing worse than the loss of a loved one. Let our lawyers at Petrov Personal Injury Lawyers fight to hold the responsible parties accountable. Call or use our online contact form to schedule a free consultation with an experienced Encinitas wrongful death lawyer who can help you fight for the maximum compensation you deserve.