Have you recently lost a close family member in a fatal accident in San Diego, California? If so, you may have the right to take legal action and demand financial accountability from those responsible for your tragic loss. The experienced San Diego wrongful death lawyers at Petrov Personal Injury Lawyers can help you fight to make things right.
For more than a decade, our law firm has been a source of stability and strength for grieving families in San Diego and throughout North County, San Diego. Our award-winning California trial attorneys have over 20 years of litigation experience and work hard to help families fight back after unspeakable tragedies. We’ve won more than $40 million for our clients in the process.
Call our law office in San Diego, CA to learn more about how we can help you get through this incredibly trying time. Your first consultation is free, so contact us for help today at (619) 344-0360.
How Petrov Personal Injury Lawyers Can Help After a Fatal Accident in San Diego, CA
Losing someone you love is never easy – especially when you don’t have the opportunity to say goodbye. You’ve lost a family member because someone else was careless, and now is the time to make them take responsibility for their actions.
Our San Diego personal injury lawyers are here to help you make the most of your fight for compensation.
We’ll take on the at-fault party, the insurance company, and anyone else who shares liability for your family member’s wrongful death. We’ll fight to make them understand the gravity of the situation and won’t rest until they agree to make things right.
When you turn to our personal injury law firm for help with your wrongful death case, you’ll give yourself the time and opportunity to grieve. This is a critical part of your own personal recovery and growth.
While you remember your loved one and begin to take steps to move forward, our top-rated litigators will:
- Investigate the accident or incident that resulted in your family member’s untimely and avoidable death
- Gather and analyze crucial information and evidence
- Consult experts and specialists
- Prepare for efforts to shift blame to your family member
- Handle settlement negotiations with defense attorneys, insurance adjusters, and other parties to your claim
- Get ready to reject lowball offers and bring your wrongful death case to trial, if necessary
At Petrov Personal Injury Lawyers, we work on a contingency fee basis. You have enough to stress about right now without worrying about the cost of hiring a lawyer. If we take your case, we’re confident we’ll win – so confident that we won’t get paid unless we do. No win, no fee. That’s our promise to you.
Call our law office in San Diego, CA to learn more. Your initial case evaluation is free.
What is Wrongful Death in California?
In California, wrongful death refers to an avoidable death that’s the result of another person’s intentional, negligent, or reckless actions.
When a victim survives an accident or assault, they typically reserve the right to file a personal injury lawsuit against the responsible party. Under California’s wrongful death statute, this right shifts to the surviving family members if a victim dies.
Traditionally, the right to file a wrongful death lawsuit belongs to the:
- Surviving spouse
- Domestic partner
- Children
- Grandchildren
- Parents
If none of these beneficiaries exist, the right can be extended to other heirs and individuals who were financially dependent on the victim.
We Handle All Types of Wrongful Death Cases in San Diego
At Petrov Personal Injury Lawyers, our award-winning San Diego personal injury attorneys represent clients in wrongful death cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Occupational illness and disease
- Medical malpractice
- Nursing home abuse and neglect
- Dog bites
- Premises liability matters
- Product liability
- Catastrophic injuries, including brain injuries, burns, and spinal cord injuries
- Assaults
- Criminal attacks
Do not hesitate to reach out to our legal team in San Diego if you’ve recently lost a family member in an avoidable accident or due to another person’s wrongful actions. We are here to listen to your story, explain your legal rights and options, and work toward a meaningful financial recovery.
What’s the Difference Between a Survival Action and a Wrongful Death Lawsuit?
There are actually two types of claims that can arise after someone dies in an accident in San Diego, California: survival actions and wrongful death claims.
In a survival action, the victim’s estate can seek compensation that the victim would have been able to recover if they’d survived their fatal injuries. Here’s the catch: the estate can only file a survival action if the victim survives their injuries for a period of time after getting hurt.
In a wrongful death claim, the victim’s family members seek compensation for the losses they’ve experienced as a result of the untimely death.
Survival actions seek damages the victim suffered in the time between the accident and their death. Wrongful death claims seek damages for surviving family members.
What Damages Can I Get After the Wrongful Death of a Family Member in San Diego, California?
California law limits the types of damages that can be awarded to family members in a wrongful death action.
However, unlike many states, families can recover both economic and non-economic damages.
Economic damages offset the verifiable and projectable financial costs of a death, including:
- Funeral and burial costs
- Financial support the victim would have provided during their life expectancy
- Value of household services and support
- Loss of gifts or benefits
Non-economic damages make up for the intangible, hard-to-value losses surviving family members are likely to experience, such as:
- Loss of consortium
- Loss of training and guidance
- Loss of companionship, love, comfort, care, assistance, moral support, and protection
Punitive damages can also be awarded if the death results from the defendant’s intentionally harmful or grossly negligent actions.
Our experienced wrongful death attorneys in San Diego will carefully evaluate your claim and work closely with financial experts throughout the process. Our goal is to identify all of your damages and work to ensure that your financial award accurately represents what your wrongful death case is worth.
How Does Comparative Negligence Affect California Wrongful Death Cases?
There’s a chance that your loved one contributed to the accident that caused their death. It’s also possible that the at-fault party (or their insurance company) will try to say that your family member caused their fatal accident.
Since California has a pure comparative fault system, this can hurt your ability to recover compensation.
Under state law, liability for an accident is shared by everyone who contributes. This includes victims, whether or not they survive. In a personal injury case, shared responsibility affects a victim’s ability to recover compensation. In a wrongful death case, shared responsibility affects the family’s ability to recover compensation.
The more fault your loved one shares, the less money you’ll be able to receive for your financial losses and suffering.
For instance, let’s say your family member is assigned 10 percent fault for a fatal car accident in San Diego. Your wrongful death case is valued at $500,000. Your financial award will be reduced by $50,000 as a result. In turn, you’ll get a maximum of $450,000.
Your family member isn’t around to tell their side of the story or defend themselves against allegations of shared fault. Our wrongful death lawyers in San Diego will give them a voice and fight tirelessly to protect them against these (often unsubstantiated) claims.
What is the Statute of Limitations for Wrongful Death Lawsuits in California?
In California, wrongful death lawsuits are subject to a two-year statute of limitations.
This gives you until the second anniversary of your family member’s avoidable death to file a lawsuit and seek compensation from responsible parties.
You don’t want to let the statute of limitations expire. Once the deadline passes, you give up the opportunity to assert your legal rights and get the financial justice you deserve.
Frequently Asked Questions about Wrongful Death in San Diego
1. Who actually files the wrongful death lawsuit?
In California, one unified wrongful death claim is typically filed on behalf of all eligible heirs. While certain close family members (like a spouse or children) usually initiate the case, the recovery is meant to account for everyone who has a legal right to compensation.
2. What if our family members disagree about filing a lawsuit?
Disagreements are not uncommon after a sudden loss, especially when emotions are high. However, California law does not allow multiple separate wrongful death lawsuits for the same person. If heirs disagree, the matter may need to be resolved through negotiation or court guidance.
3. How is the value of a wrongful death case calculated?
There is no automatic formula because courts and insurance companies consider several factors, including:
- The deceased person’s age and life expectancy
- Their earning history and future earning potential
- The level of financial dependence of surviving family members
- The closeness of the relationship
- The role the deceased played in the household
4. What if the at-fault party is facing criminal charges?
A criminal case and a wrongful death lawsuit are separate legal proceedings. A criminal prosecution is handled by the state and focuses on punishment, while a wrongful death case is a civil matter that seeks financial compensation for the family. Even if criminal charges are filed, your family may still pursue a civil wrongful death claim.
5. What happens if the person responsible doesn’t have insurance?
If the at-fault party lacks sufficient insurance, recovery may still be possible through:
- The deceased’s uninsured/underinsured motorist coverage
- Employer liability policies
- Premises liability insurance
- Product manufacturers or other third parties
A thorough investigation is critical to identify all possible sources of compensation, especially in complex fatal accident cases.
6. Can stepchildren or financially dependent individuals recover compensation?
Possibly. In certain circumstances, individuals who were financially dependent on the deceased, even if they are not biological children, may have rights under California law; however, dependency must be proven.
7. What if my loved one passed away some time after the accident?
If your family member survived for a period of time before passing, two claims may be involved:
- A survival action (brought by the estate)
- A wrongful death claim (brought by family members)
Medical bills, lost wages before death, and certain other damages may fall under the survival claim.
8. Will we have to go to court?
Many wrongful death claims are resolved through settlement negotiations; however, insurance companies sometimes undervalue cases involving future losses or non-economic damages.
If a fair settlement cannot be reached, filing a lawsuit and preparing for trial may be necessary.
9. How long does a wrongful death case usually take?
The timeline depends on:
- Whether the liability is disputed
- The complexity of the accident investigation
- The number of defendants involved
- The severity and scope of damages
Some cases resolve within a year, while others may take longer if litigation becomes necessary.
10. Are wrongful death settlements taxable?
In most cases, compensation for wrongful death, including damages for loss of support and companionship, is not considered taxable income under federal law. However, certain portions may have tax implications.
Schedule a Free Consultation With an Experienced San Diego Wrongful Death Lawyer
The unexpected and avoidable death of a family member can be devastating. When it happens because someone else is negligent, you deserve to be compensated. Our San Diego wrongful death attorneys at Petrov Personal Injury Lawyers are here to help you fight to win your case and maximize your financial award.
We’re top-rated legal advocates for San Diego injury victims and families. We’ve won tens of millions of dollars on behalf of our clients. Now it’s your turn to benefit from our extensive experience, considerable resources, and passion for justice.
Call our law office in San Diego, CA to get started by scheduling a free consultation. Our team is always available to take your call – 24/7/365.
Visit Our Personal Injury Law Office in San Diego, CA
702 Civic Center Dr. Suite 105, San Diego, CA 92054
(619) 678-1016
