Have you recently suffered the tragic death of a family member because of an avoidable accident or senseless act of violence in Escondido, California? If so, please do not hesitate to reach out to Petrov Personal Injury Lawyers for help by calling (619) 344-0360.
You may have the right to file a legal claim for damages. Our Escondido wrongful death lawyers are ready to help you fight to maximize your compensation.
For over a decade, Petrov Personal Injury Lawyers has been a leader in personal injury litigation in Escondido and throughout Southern California. We’ve gained national recognition and top legal awards for our ability to help our clients achieve top results – totaling more than $40 million to date.
Don’t let the person responsible for your family member’s death off the hook. Contact our law office serving Escondido, CA, and get our top-rated attorneys on your side. Your first consultation is free, so reach out for assistance today.
How Petrov Personal Injury Lawyers Can Help After the Wrongful Death of a Family Member in Escondido, CA
It’s never easy to lose someone you love. When their death is sudden and unexpected, it can make a difficult situation even worse. And while money will not turn back time or bring them back to you, a financial recovery can make life easier as you move forward.
Our Escondido personal injury lawyers are ready to help you demand the financial justice your family deserves.
We have decades of experience going toe-to-toe with the very people who will try to stand between you and a meaningful financial recovery.
Our law firm will take on the at-fault parties, insurance companies, and anyone else who can be held legally responsible for the compensation you deserve.
You focus on grieving your loss and moving forward while our team:
- Carefully investigates the circumstances surrounding your loved one’s tragic death
- Gathers evidence to support a strong and successful claim for damages
- Defends against allegations that your family member shares responsibility for their fatal accident
- Consults leading accident and injury experts as we work to determine what your wrongful death case is worth
- Enters negotiations with compelling arguments to secure a meaningful settlement offer on your behalf
- Prepares to escalate your case to trial if you don’t get a fair settlement
Our law firm in Escondido works on contingency, so there’s no cost to hire us unless we win your wrongful death case.
Give us a call or reach out to us online to learn more about how we can help. Our team is always here to answer – 24/7/365.
What is Wrongful Death in California?
In California, a wrongful death occurs when one person dies as a result of the “wrongful act or neglect” of another.
Think of it this way: would a victim have been able to pursue compensation if they’d survived their injuries? If the answer is “yes,” then it’s likely that the victim’s estate and/or surviving family members have the right to pursue compensation in a wrongful death claim.
We Handle All Types of Wrongful Death Cases in Escondido
At Petrov Personal Injury Lawyers, our personal injury attorneys in Escondido represent clients in wrongful death matters involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber or Lyft accidents
- Bus accidents
- Train accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Nursing home abuse or neglect
- Sexual assault
- Negligent security
- Slip and fall accidents
- Dog bites and animal attacks
- Premises liability matters
- Accidents involving defective products
- Medical malpractice
- Birth injuries
- Catastrophic injuries, including brain injuries, spinal cord injuries, burns, and amputations
Don’t hesitate to reach out to our law office if your loved one’s death could have been avoided. We can help you initiate a legal claim and seek compensation from all liable parties. That could include negligent motorists, property owners, businesses, government agencies, employers, or even manufacturers.
Who Can File a Wrongful Death Lawsuit in California?
Under California law, the right to file a lawsuit isn’t lost just because a victim dies in an accident. Instead, it shifts to surviving family members and/or the victim’s estate.
- The surviving spouse
- Anyone financially dependent on the victim.
The personal representative of the victim’s estate can file a wrongful death claim or a survival action. A survival action seeks damages that could have been awarded to the victim if they’d survived their injuries. When the estate files a claim, damages are distributed to beneficiaries according to the victim’s will or pursuant to California estate law.
What Damages Can Families Get in an Escondido Wrongful Death Claim?
In California, plaintiffs in a wrongful death lawsuit can pursue economic and non-economic damages. These damages are intended to compensate the family members for the personal losses they’ve experienced in the wake of their family member’s death.
Commonly awarded damages include:
- Funeral and burial expenses
- Lost financial support the victim would have provided
- Lost gifts or benefits
- Lost value of household services
- Loss of love, companionship, comfort, care, assistance, protection, and moral support
- Loss of training and guidance.
If the victim survived their injuries for any period of time, a survival action can pursue damages for their pain and suffering, lost wages before their death, and medical expenses related to their fatal injuries.
Punitive damages can also be awarded in California wrongful death cases, but only in situations when there is convincing evidence of intentional misconduct, fraud, or malice.
Our Escondido wrongful death attorneys will carefully evaluate the specific circumstances of your case. We will work closely with experts and specialists, including medical professionals, forensic accountants, income specialists, and anyone else who can help us identify how your family member’s tragic death will affect your life today and in the future.
Taking the time to do this will help us recover a compensatory award that genuinely reflects what your wrongful death case is worth.
How Can California’s Shared Fault Law Affect a Wrongful Death Lawsuit?
California has a pure comparative fault system. In very simple terms, sharing blame for an accident will affect your ability to recover compensation. It applies to wrongful death cases, too. So, if your family member contributed to their fatal accident or injuries in any way, it can affect the amount of money you are awarded when your wrongful death claim is resolved.
Damages are reduced based on the degree of fault your loved one is assigned for their fatal accident.
Let’s say your family member is killed in a fatal crash in Escondido. The value of your wrongful death claim is $1 million. However, your loved one is assigned 25% of the blame for the accident because they were speeding at the time of the collision. When shared responsibility is factored in, you will be able to recover up to $750,000 in compensation.
Your family member is not around to defend themselves or tell their side of the story. So, it is critically important to be ready to give them a voice and defend against these victim-blaming strategies.
That’s where our Escondido wrongful death attorneys can help. We anticipate these types of tactics and work hard to defend against them. We’ll demand proof of these allegations and have evidence of our own to counter them whenever possible.
The less fault your family member is assigned, the more money you will ultimately be able to recover at the end of your case.
How Long Do I Have To File a Wrongful Death Claim in California?
California state law provides a two-year statute of limitations for wrongful death lawsuits.
The clock starts to tick on the date of the victim’s death. This may or may not be the same as the date of the incident that caused their fatal injuries. If your family member survives for a period of time after their accident, the statute of limitations will not begin to run until they die.
It’s easy to lose track of time in the wake of a family member’s death. Don’t let that happen, because you will give up the right to demand compensation if the statute of limitations expires before you take action.
The best way to protect yourself and preserve your financial future is by reaching out to our compassionate wrongful death lawyers in Escondido as soon as you can. We’ll be there to take on your legal fight for compensation so that you can focus on your family during this difficult time.
Schedule a Free Consultation With an Experienced Escondido Wrongful Death Lawyer
Have you lost a close family member in a fatal accident in Escondido, California? You may have the right to pursue damages for your tragic loss. Our Escondido wrongful death lawyers are ready to help you make the most of your fight for compensation.
Since 2012, we’ve dedicated our legal practice to helping devastated families like yours fight back in times of devastation. Please do not hesitate to reach out to our legal team in Escondido, CA so that we can begin to help you now.
Our team is always standing by, so call to schedule your free consultation today.