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Wrongful Death FAQs

San Diego Attorneys Answer Important Questions about Fatal Accidents

Who can bring a wrongful death claim?

How soon must I file a wrongful death in California?

How much will my wrongful death settlement be?

Must a settlement be shared with all relatives?

What is the difference between murder and wrongful death?

Can I sue for pain and suffering in a wrongful death claim?

Can one family member sue another family member for wrongful death?

Can I sue for the wrongful death of an unborn child?

Can a minor child be sued for wrongful death?

What are "loss of consortium" damages?


Q: Who can bring a wrongful death claim?

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.

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Q: How soon must I file a wrongful death in California?

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.

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Q: How much will my wrongful death settlement be?

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.

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Q: Must a settlement be shared with all relatives?

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.

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Q: What is the difference between murder and wrongful death?

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.

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Q: Can I sue for pain and suffering in a wrongful death claim?

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.

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Q: Can one family member sue another family member for wrongful death?

A: Generally speaking, no. But, if special circumstances exist, consult an experienced San Diego wrongful death attorney.

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

A: States differ on this issue, but in California you cannot sue for the wrongful death of an unborn child.

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Q: Can a minor child be sued for wrongful death?

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.

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Q: What are "loss of consortium" damages?

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.

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Call the Jurewitz Law Group at (619) 233-5020 and begin your path to recovery with a no-cost consultation today.

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Downtown San Diego Location

DOWNTOWN SAN DIEGO
Jurewitz Law Group
600 B Street, Suite 1550
San Diego, CA 92101

Phone: (619) 233-5020
Fax: (888) 233-3180
Toll Free: (888) 233-5020
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North County San Diego Location

NORTH SAN DIEGO COUNTY
Jurewitz Law Group
2244 Faraday Ave. Suite 101
Carlsbad, CA 92008

Phone: (760) 585-4640
Fax: (888) 233-3180
Toll Free: (888) 233-5020
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San Diego Fatal Accident Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

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