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Home Carlsbad Personal Injury Wrongful Death FAQs

Carlsbad Wrongful Death FAQs

What must be proven in order to have a successful wrongful death case?

Can I bring forward a wrongful death suit even if the decedent didn’t have a job?

Can I sue for the death of my unborn child?

Can I sue for the death of a child or an elderly loved one?

What is a survival action in California?

What damages can I recover if my loved one’s death was caused by medical malpractice?


Successful wrongful death suits are built on expertise and dedicated research – which takes time. The sooner you consult with a reliable attorney‚ the sooner you can get started on building your case. The Jurewitz Law Group has helped countless families throughout Southern California recover their rightful compensation after the death of a loved one. Let us do the same for you. Call our Carlsbad wrongful death attorneys today at (760) 585-4640.

Q: What must be proven in order to have a successful wrongful death case?

A: The plaintiff must be able to establish that: (a) the defendant owed a duty of care to the deceased; (b) the defendant failed to exercise reasonable care and thus breached his/her duty; (c) the defendant’s negligent actions contributed directly to the death of the deceased; and (d) the plaintiff suffered considerable economic and non-economic losses as a result of the decedent’s death.

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Q: Can I bring forward a wrongful death suit even if the decedent didn’t have a job?

A: Yes‚ there are more ways than one to contribute to the family. If your loved one performed housekeeping‚ childrearing‚ and other important activities‚ you may pursue compensation for the loss of those services. You may also recover for the loss of companionship in addition to medical and funeral expenses.

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Q: Can I sue for the death of my unborn child?

A: Wrongful death statutes in California do not allow claims based on the loss of an unborn child. One is only considered legally alive at birth‚ and therefore‚ a fetus is not granted the rights of personhood.

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Q: Can I sue for the death of a child or an elderly loved one?

A: Yes. However‚ you will likely recover only damages based on the non-economic contributions (companionship‚ guidance‚ affection‚ etc.) or the services your child or elderly loved one provided to the family. Monetary losses are usually only considered in cases where the claimant was a financial dependent of the decedent.

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Q: What is a survival action in California?

A: In the state of California‚ the representative or successor of a deceased individual can continue with a lawsuit that was pending at the time of the decedent’s death. These lawsuits are commonly known as “survival actions.” Damages recoverable in survival actions include “the loss or damage that the decedent sustained or incurred before death‚ including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived‚ and do not include damages for pain‚ suffering‚ or disfigurement” (Code of Civil Procedure Section 377.34).

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Q: What damages can I recover if my loved one’s death was caused by medical malpractice?

A: Unfortunately‚ the state imposes a cap of $250‚000 on non-economic damages in medical malpractice cases. Claimants should also be aware of the complicated procedural rules for filing a wrongful death case involving medical malpractice‚ such as the requirement that the defendants be notified at least 90 days before an action is filed.

It is understandable if you are feeling distraught and confused after the unjust and preventable death of a loved one. The Jurewitz Law Group is here to help. Please bring all of your questions and concerns to us and we’ll do our best to give you the answers you need. For a free consultation‚ call our office or submit an online contact form and one of our dedicated staff will get back to you promptly.

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