Wrongful Death FAQs
San Diego Attorneys Answer Important Questions about Fatal Accidents
A: In California, the surviving spouse, domestic partner, or children can bring a wrongful death claim. If these people do not exist, then the deceased's parents, siblings, nephews or nieces, grandparents, and other relatives are then able to file a wrongful death claim.
A: In the state of California, you must file a wrongful death claim within two years from the date your loved one passed away. If you fail to do so, you will lose the right to legally seek financial compensation.
A: Figuring out the exact dollar amount you will receive in your wrongful death claim is complicated, but we can explain what is taken into consideration in determining the settlement amount. The settlement amount can be determined by the following items:
- Medical, funeral, and burial costs.
- Lost wages, including potential future income he/she would have made had he/she lived.
- Punitive damages if the at-fault party was extremely reckless.
- Loss of companionship.
A: It is possible. A wrongful death settlement is given in one lump sum and the family members involved must decide how to divide it. If a decision cannot be made, the group can go to court again to determine how the award should be divided up.
A: Murder is a criminal offense. It is typically brought by a district attorney or US Attorneys' Office on behalf of its citizens. The penalty for committing murder is a possible prison sentence. However, wrongful death is a civil lawsuit that is generally brought by the family of the deceased. The penalty of a civil lawsuit is gaining financial compensation from the at-fault parties involved.
A: You cannot sue for your personal pain and suffering, but you can sue for pain and suffering of the deceased before they died. For instance, if the victim of a car crash lingered in the hospital for several days before expiring; or if a person burned to death.
A: Generally speaking, no. But, if special circumstances exist, consult an experienced San Diego wrongful death attorney.
A: States differ on this issue, but in California you cannot sue for the wrongful death of an unborn child.
A: In a case where a minor child’s willful misconduct causes someone’s death, the child and their parents may be sued for wrongful death.
A: Loss of consortium damages is compensation to surviving family members for the loss of comfort, care, protection, and society afforded by the deceased.
Have You Lost a Loved One to Wrongful Death? Call Us at (888) 233-5020. We Can Help
Losing a spouse, parent, or child in an accident or because of medical malpractice is heartbreaking. The family left behind is dealing with anger, fear, and sadness at what has happened. As attorneys representing families in wrongful death matters, we can be there for you and your family at this difficult time. The Jurewitz Law Group can provide the legal experience to help you recover from the financial burden of medical bills and funeral expenses after losing your loved one. Our goal is to get your family the compensation you need.
Your first consultation with us is always free. We can meet with you at a time or place convenient to you, or you can schedule an appointment at our offices. To speak with a member of the Jurewitz Law Group, call us at (619) 233-5020 or (888) 233-5020.
Call the Jurewitz Law Group at (619) 233-5020 and begin your path to recovery with a no-cost consultation today.