Unexpectedly losing a loved one is a shock. The experience can leave family members overwhelmed with grief and responsibilities. If your family member was killed because of another party’s negligence or wrongful acts, our Poway wrongful death lawyers at Petrov Personal Injury Lawyers can help.
We’ll seek justice for your loved one and hold the at-fault party financially liable for damages. We are aggressive injury lawyers who have recovered over $40 million for our clients since opening our law firm in 2012.
Contact us at (619) 344-0360 our Poway, California law office to schedule a free consultation with one of our wrongful death attorneys. Let’s work together to see the party who caused your loved one’s death held accountable through a wrongful death settlement or jury verdict.
How Our Poway Personal Injury Lawyers Can Help You if Your Loved One Died in a Tragic Accident
A monetary award does not bring back your loved one or ease your grief. However, it can help your family with finances after losing someone. Fighting to hold the party responsible for their death can also provide some measure of comfort and control over the situation.
Our award-winning California personal injury lawyers have more than 20 years of litigation experience. We are trusted North County San Diego personal injury attorneys. Our results, reputation, and high level of client satisfaction show our willingness to fight for our clients and put their best interests first.
We understand that you might still be in a state of disbelief at the loss of your family member. Our legal team is sensitive to your emotions and will do everything in our power to allow you the time to grieve while we focus on your legal battle.
When you hire an attorney with Petrov Personal Injury Lawyers to handle a wrongful death action, you can trust you will receive personalized attention while we:
- Investigate the cause of your loved one’s untimely death
- Identify the parties who contributed to the cause of your family member’s avoidable death
- Consult specialists and experts as needed
- Prepare to defend your loved one against allegations of contributory fault by the other party
- Document your family’s damages to determine the maximum value of your wrongful death claim
- Prepare and file all necessary documents for insurance claims and lawsuits
- Aggressively negotiate insurance settlements based on how much your case is worth
- Take the case to court and litigate the matter if the at-fault party refuses to agree to a fair settlement amount
At Petrov Personal Injury Lawyers, our Poway wrongful death attorneys take cases on a contingency fee basis. You will not pay any attorneys’ fees until we recover money for your case. We do not want you to worry about how to pay for a lawyer after a loved one’s wrongful death.
Call us today to schedule a time for a free case evaluation with an experienced wrongful death attorney in Poway, CA.
Defining Wrongful Death in Poway, California
Wrongful death is a legal cause of action for someone’s untimely and avoidable death. The death can be caused by another party’s negligent, intentional, or wrongful acts. The at-fault party can be an individual, corporation, government entity, or other legal entity.
Surviving family members can file a claim seeking compensation for damages caused by the wrongful death of their loved one. The damages include the financial losses caused by the death. It also includes the family’s suffering as a direct result of the at-fault party’s wrongful acts.
Had the person lived, they could have sued the at-fault party for personal injury damages. For example, they could have sued for their pain and suffering. The deceased person’s estate can bring a separate survival action seeking damages the deceased experienced between the time of the injury and their death.
A survival action requires the person to have survived for some time after their injury. The time could be as little as a few minutes or hours or as long as weeks or months.
At Petrov Personal Injury Lawyers, We Handle All Types of Wrongful Death Claims in Poway
A wrongful death claim can arise after accidents and other types of personal injury. Our top-rated Poway personal injury attorneys handle all types of wrongful death cases.
Common causes of wrongful death include, but are not limited to:
- Car accidents
- Medical malpractice
- Truck accidents
- Dog bites and attacks
- Motorcycle accidents
- Premises liability
- Bicycle accidents
- Product liability
- Pedestrian accidents
- Construction accidents
- Nursing home abuse and neglect
- Violent acts and assault
- Boating accidents
- Lyft and Uber accidents
- Explosions and fires
- Catastrophic injuries
Regardless of how your loved one died, you deserve to see the person responsible held accountable for their conduct. At Petrov Personal Injury Lawyers, we want to help you see that happen. We are available 24/7 to talk with you about a wrongful death action.
Who Has the Right to File a Wrongful Death Claim in Poway?
Only certain family members can file a wrongful death claim. The victim’s personal representative for the estate can file a wrongful death claim.
California law states that the following individuals have standing to file a wrongful death lawsuit:
- The victim’s surviving spouse or domestic partner
- The victim’s children
- The victim’s grandchildren
- The victim’s parents
A minor child who lived with the victim and depended on the victim for financial support for at least six months can also file a claim. If there are no surviving family members on this list, individuals who would inherit from the victim under California’s intestate laws could file a wrongful death claim.
What Damages Can I Receive in a Wrongful Death Claim in Poway, CA?
The damages in a wrongful death claim differ from damages in a personal injury claim. The damages for wrongful death are limited. These actions compensate the family members for their losses.
Economic damages compensate the family members for financial losses.
Examples of wrongful death economic damages include:
- The reasonable costs of a funeral, burial, and related services
- Any medical bills the family members paid for treatment between the injury date and the date of death
- The financial support the family member would have provided had they survived
- The loss of benefits and gifts the family member would have received
- The value of household services that would have been provided by the deceased
The family members can also receive non-economic damages in a wrongful death claim.
These damages include compensation for the loss of:
- Training and guidance
- Moral support
- Sexual relations
Family members cannot receive compensation for the pain and suffering they experience because of losing their loved one.
Another thing to remember is that punitive damages are only awarded in a small number of personal injury cases. Our Poway injury lawyers will analyze your case to determine whether the law allows punitive damages, given the facts of the case.
Does Comparative Negligence Impact the Value of a California Wrongful Death Claim?
California is a pure comparative fault state. Therefore, a wrongful death claim will not be barred unless the deceased is 100% to blame for the cause of their death. Instead, damages are apportioned based on the percentage of fault.
For instance, let’s assume a jury awards a surviving spouse $5 million for a wrongful death action. However, the jurors determined that the deceased spouse was 25% to blame for the cause of the car crash that took his life.
Instead of receiving $5 million, the surviving spouse would receive $3,750,000. The jury award was reduced by 25% or $1,250,000 for the fault of the deceased person in causing their own death.
Insurance companies often shift blame for an accident to the victim. It does not matter whether the victim lived or died. Our Poway wrongful death lawyers are prepared for this tactic and will fight the allegations to protect your right to compensation for all damages.
What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Poway, CA?
A statute of limitations sets a deadline for filing a lawsuit. Each state sets its own statute of limitations for wrongful death claims. California has a two-year deadline for filing most wrongful death lawsuits.
The time to file a wrongful death lawsuit does not always begin with the date of the accident. The time starts on the date of death. Therefore, if the person lived for two weeks after a motorcycle accident, the statute of limitations would begin two weeks after the accident date.
Sometimes, the statute of limitations could be shorter than two years, such as in cases involving government entities. We understand you might not feel up to talking about your loved one’s death immediately after the funeral, but we encourage you not to wait too long to seek legal advice. The court could throw out your case if you do not file your lawsuit before the statute of limitations expires.
Schedule a Free Consultation With Our Poway Wrongful Death Lawyers
We are here when you are ready to discuss a wrongful death claim with an attorney. Our legal team is prepared to take up the fight on your family’s behalf to bring you and your loved one justice. Call our law office to schedule your free case review with an experienced Poway personal injury lawyer.