San Diego Wrongful Death Lawyers

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Table of Contents

The Basics of Wrongful Death Actions
Why Do We Use the Term “Wrongful” in Wrongful Death Cases?
Data Related to Wrongful Death Cases in the United States
The Parties Who Can Bring Wrongful Death Claims
The Wrongful Death Statute in California
The Statute of Limitations and California Wrongful Death Cases
The Different Categories of Wrongful Death Cases
Risks of Deadly Accidents in San Diego
Monetary Compensation Individuals Can Obtain in Wrongful Death Cases
Why It Is Important to Retain a San Diego Wrongful Death Lawyer
Wrongful Death Claim Negotiations in San Diego
San Diego Wrongful Death Claims: FAQ

Compassionate Wrongful Death Lawyers dedicated to Protecting the Injured in San Diego

Even in peaceful SoCal, accidents can disrupt the pace of life. Our San Diego wrongful death lawyers are ready to stand by your side when tragedy strikes. Led by Arash Khorsandi, Esq., Arash Law assists families in navigating the complex web of insurance claims, ensuring they have an ally in pursuing justice and fair compensation. Call us today at (888) 488-1391 for a free initial consultation.

San Diego is adjacent to Tijuana, Mexico, and contains some of the most scenic beaches in Southern California. Located near famous areas such as La Jolla and Coronado Island, the city of San Diego is a beachcomber’s paradise. Approximately 1.3 million people reside in San Diego, making it the second most populated city in California. San Diego County is home to approximately 3.3 million people, and its natural beauty and diverse amenities attract tourists all year round.

However, accidents can occur at any time. An individual may die due to the negligence of another party, and the decedent’s relatives can assert a wrongful death lawsuit to seek financial compensation for the harm they suffer. The surviving family members seek monetary compensation for their own losses when they file a wrongful death action.

Accepting the loss of someone close to you is never easy, and many people need time to process their grief. Wrongful death cases are emotionally charged because the victims suffered the ultimate loss. Trusted wrongful death lawyers in San Diego can make this process less overwhelming by being professional, objective, and thorough. While you are going through the grieving process, you can let San Diego personal injury lawyers take care of the wrongful death case against the negligent party.

Experienced San Diego wrongful death lawyers can help you understand how the facts of your case may affect the ultimate outcome. No two wrongful death cases are identical, and you will need to attend a consultation to determine what a skilled wrongful death lawyer believes is the best strategy for pursuing financial compensation for your injuries. The individuals and entities responsible for the loss of your loved one should be held accountable for their negligent actions.

Wrongful Death

$1,500,000.00

Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;

– JUDD ROSS ALLEN

The Basics of Wrongful Death Actions

Wrongful death cases are distinct causes of action that exist to compensate surviving family members who have suffered the loss of a loved one due to another party’s wrongful act which is either negligent, reckless, or intentional. A car accident, slip-and-fall, murder or manslaughter case may give rise to a wrongful death claim. However, always remember that the facts of your case are unique from all other cases. Therefore, skilled wrongful death lawyers in San Diego will help you make the best decisions regarding your case.

The individuals who assert the wrongful death claim are the relatives of the decedent. A wrongful death case may lead to criminal charges being brought against a defendant. However, wrongful death suits are not criminal cases. They are civil lawsuits, and they exist to contemplate the plaintiffs for their injuries. The burden of proof for civil lawsuits and criminal cases is different. In criminal cases, the prosecution must prove all elements of the offense beyond a reasonable doubt. In civil cases, the plaintiff must only establish liability by a preponderance of the evidence.

Why Do We Use the Term “Wrongful” in Wrongful Death Cases?

Personal injury cases and wrongful death cases have many similarities. The plaintiff must assert that the defendant breached a duty of care. All individuals must adhere to the reasonably prudent person standard, taking into consideration specific circumstances. Actions or omissions that breach the duty of care mean that the defendant can be liable for the injuries suffered by the plaintiff.

The following events are common in wrongful death cases:

Accidents due to the negligence of another party
Dangerous artificial conditions on property
Dangerous products
Design defects
Manufacturing defects

Medical malpractice
Automobile accidents that occur due to the negligence of another party
Intentional torts such as assault, battery, and intentional infliction of emotional distress

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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.

Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!

Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.

From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.

I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra

Data Related to Wrongful Death Cases in the United States

Wrongful death can arise when an individual engages in reckless conduct, negligent act, or intentional tort. Many fatalities occur accidentally in the United States every year. A large proportion of these incidents may give rise to wrongful death cases. According to the Centers for Disease Control (CDC), 224,935 unintentional injury deaths occurred by the 2021 reports.

The following points reflect how pervasive wrongful death claims are in the United States and California:

In 2022, there were 2,206 reported homicides in California.
Fifty-two thousand individuals die every year in the United States due to traumatic brain injuries.
Over 5,200 employees die each year in accidents that occur at their place of employment.
More than 44,000 individuals died due to slip-and-fall accidents in 2020 in the United States.
Approximately 4,285 people died in 2021 in automobile accidents in California.
More than 250,000 people die each year in the United States due to medical malpractice.

The Parties Who Can Bring Wrongful Death Claims

Specific individuals are permitted to bring wrongful death cases in California. The provisions of the Code of Civil Procedure 377.60 determine who can assert wrongful death claims against negligent parties. The individuals listed below can bring wrongful death actions against other parties:

The deceased’s surviving spouse or domestic partner
The deceased’s children

If no children, domestic partner, or surviving spouse can be found, then other parties can bring wrongful death claims. The following parties can assert a wrongful death claim:

Parents
grandchildren (if the deceased person’s children are also deceased),
other minor children (such as stepchildren) who were dependent on the deceased for at least one-half of their financial support, and
anyone else who would be entitled to the deceased’s property under California’s laws on intestate succession.

Many individual parties can bring a wrongful death claim, but only one wrongful death lawsuit can be filed for an individual decedent. Two surviving family members cannot bring separate wrongful death lawsuits.

The Wrongful Death Statute in California

The wrongful death statute in California is codified in the California Code of Civil Procedure section 377.60. Family members can seek financial compensation for the wrongful death caused by the intentional acts or negligence of another party. Surviving family members can seek monetary compensation for the following under the wrongful death statute in California:

Loss of companionship and emotional support
Lost income the decedent will have earned over the remainder of their life
Funeral and burial expenses

Wrongful death cases may also be asserted with a survival action. Survival actions are asserted by individuals on behalf of the decedent’s estate. The financial compensation sought is for the damages suffered by the decedent.

Parties cannot obtain punitive damages in wrongful death actions in California. However, some survival cases will permit individuals to seek punitive damages.

The Statute of Limitations and California Wrongful Death Cases

The statute of limitations is the prescriptive period placed on a particular cause of action. It provides for the period within which a plaintiff can validly file a claim or lawsuit. For example, personal injury actions in California must be filed within two years of the date of the accident. The statute of limitations for wrongful death cases in California is two years from the date of the decedent’s death. If an individual attempts to file a case after the statute of limitations has expired, the individual loses their ability to bring the lawsuit. Consequently, whatever case filed after the lapsed of the given period will be dismissed by the judge or jury.

Exceptions to the statute of limitations do exist. Some cases involving governmental entities have exceptions to the statute of limitations. A San Diego wrongful death lawyer can help individuals determine the deadline for filing their wrongful death claims.

The Different Categories of Wrongful Death Cases

The following are some of the most common types of wrongful death cases that are litigated in California:

Aviation wrongful death cases

Accidents involving airplanes are quite common, and smaller aircraft are often at the center of wrongful death cases. Many of these accidents involving small aircraft are not reported by news agencies. Helicopter accidents, airplane accidents, and glider accidents occur quite frequently in California.

Dog attack wrongful death cases

Dog owners must know if their dogs have violent propensities. Owners are liable for their dogs and any injuries they cause other people. In California, wrongful death claimants must demonstrate that their relative was legally on private property or on public property when they suffered injuries due to a dog attack.

Slip-and-fall wrongful death cases

Slip-and-fall accidents can cause serious bodily injury and death. Premises liability cases are those slip-and-fall cases that arise due to dangerous conditions located on real property. Owners and occupiers of land must make their property safe for invitees. Spinal cord injuries and traumatic brain injuries often cause deaths in slip-and-fall cases.

Toxic exposure wrongful death cases

Individuals can suffer severe injuries and death due to exposure to hazardous chemicals. Asbestos cases arose after it became known that many companies knew how dangerous asbestos was to human beings. These entities should be held liable for their negligence.

Products liability wrongful death cases

Design and manufacturing defects are the two most common types of defects involved in product liability cases. Inadequate warnings are also essential to product liability cases. A manufacturer might be responsible for a person’s death if the manufacturer was negligent.

Elder abuse and nursing home abuse wrongful death cases

Nurses and other medical staff must take care of their patients to make sure they are healthy and functional. Some patients who do not receive the care they deserve may suffer severe infections, dangerous falls, and other problems that can cause death.

Motorcycle accident wrongful death cases

Some drivers do not see motorcyclists in their blind spots, or they believe they have the right to intimidate motorcyclists on the road. Many motorcyclists do not wear extensive protective gear and are more likely to suffer serious bodily injury or death during a motorcycle accident.

Premises liability wrongful death cases

Guests and visitors may suffer injuries while on someone else’s land. Inadequate safety mechanisms can cause death, and these owners and occupiers of land can be liable for the decedent’s death.

Workplace accident wrongful death cases

Many different industries expose workers to dangerous conditions. Construction, roofing, and paving are some of the most dangerous industries in the United States. Approximately four hundred and fifty injuries occurred on work sites in California in the year 2019. Individuals may die due to electrocution, inhalation of toxic materials, and slip-and-fall accidents.

Medical malpractice wrongful death cases

Physicians and medical specialists must exercise extraordinary care when operating on patients and treating patients. Using the incorrect surgical tools, administering the wrong medication, and misdiagnosing patients are all forms of medical malpractice.

Truck accident wrongful death cases

Commercial vehicles are massive. The sudden impact of a large truck can cause devastating injuries to those inside smaller vehicles. Many people who die during truck accidents are pressed beneath the weight of a truck or are thrown violently from their vehicles.

Pedestrian accident wrongful death cases

Automobiles may hit pedestrians while they are attempting to pass through a crosswalk. Distracted driving, failure to yield, and driving at excessive rates of speed are common causes of fatal pedestrian accidents. Twenty-four percent of all traffic fatalities involve pedestrians.

Boating accident wrongful death cases

Bays, rivers, and beaches all attract boating enthusiasts to San Diego, California. Some operators of boats do not pay attention to their surroundings, and they are more likely to cause fatal accidents.

Automobile accident wrongful death cases

Automobile accidents frequently occur in San Diego, California. Death and serious bodily injury can occur due to distracted driving, hazardous road conditions, and mechanical failures. If a loved one dies in an automobile accident, the surviving family members can file a civil lawsuit against the driver responsible for causing the death. The driver may have been eating food while driving or texting while driving and caused your loved one’s death.

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Franchot M.

$610,000

Personal Injury Settlement

Our client was the victim of a rear-end accident who was left injured and severely in pain. Arash Law was able to outshine other injury law firms when he searched online, and thankfully we were able to handle everything for our client from A to Z — All that he had to do was ask and focus on his recovery. Our client’s life has changed forever, and the compensation received for the pain and suffering has opened paths for new lifelong opportunities.

Personal Injury Settlement

Risks of Deadly Accidents in San Diego

Those who reside in San Diego must be aware of the risks that can give rise to deadly accidents. The following are some of the most common risks people expose themselves to in San Diego:

Suffering bodily injuries at the Pechanga Arena
Delivery truck accidents involving Amazon, FedEx, and other companies
Hazardous conditions near swimming pools and other bodies of water
Water sports and boating excursions that put inexperienced participants at risk of serious bodily injury or death

Injuries on amusement park rides at places such as Legoland or SeaWorld
Individuals who drive while under the influence of drugs or alcohol
Dangerous conditions at hotels, motels, and bed & breakfasts
Tourists who are unfamiliar with the area and cause fatal accidents
Accidents on electric bikes and electronic scooters

San Diego is a popular destination among those who love sailing, fishing, and boating. However, these activities can be inherently dangerous due to the unpredictable and volatile nature of the ocean. Family members need to make sure that they understand everything they can about wrongful death cases so they can make informed decisions about how to proceed in seeking financial compensation for their injuries.

Monetary Compensation Individuals Can Obtain in Wrongful Death Cases

Wrongful death cases factor in numerous variables to determine an approximate amount of damages. The following are the most common types of damages individuals seek in wrongful death cases:

Non-economic damages – Non-quantifiable damages are typically categorized as non-economic damages. Emotional pain, severe distress, and trauma may all be forms of non-economic damage. In California, no limits restrict the amount of non-economic damage an injured victim can pursue. The one exception to this rule concerns medical malpractice cases.
Punitive damages – Family members can bring wrongful death claims. Sometimes, family members can seek punitive damages if the responsible party acted willfully, wantonly, or maliciously. Punitive damages are awarded to punish the defendant and to deter the defendant from committing the same act in the future.
Loss of support and companionship – Individuals lose a family member, along with the family member’s guidance, society, affection, safety, love, comfort, and support. Surviving family members can seek financial compensation for the loss of companionship and loss of support.
Lost income – Family members may pursue damages for lost income that factor into the calculation of the total earnings the decedent will have received if they had lived the average life span.
Damage to property – Surviving family members can seek damages related to property destruction in wrongful death cases.
Burial expenses and funeral expenses – Funeral expenses and burial expenses cost many thousands of dollars, and some family members cannot afford to pay funeral home bills. The surviving family members can seek these costs in wrongful death cases.
Medical bills – Hospitals admit individuals after they have died. The medical bills associated with hospital stays can be excessive. Surviving family members can seek economic damages to recover these costs.

All wrongful death cases should be examined by knowledgeable San Diego wrongful death lawyers. Many factors may affect the wrongful death claim you are interested in pursuing. It can be helpful to have legal advice at the outset so you can make the best decision for yourself and the other surviving family members.

Car Accident

$6,000,000.00

Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.

– ARASH KHORSANDI

Why It Is Important to Retain a San Diego Wrongful Death Lawyer

Retaining wrongful death lawyers in San Diego is important because you want to make sure you understand all of your options regarding a wrongful death case. You may not understand where to begin with investigating the claims you want to assert against the individuals and entities that caused the death of your loved one.

Qualified San Diego wrongful death lawyer will understand details regarding filing deadlines, strategies used by opposing counsel, and state laws that may strengthen your case. Also, you want to make sure that you plan for contingencies and unexpected scenarios. Having a legal advocate on your side can make you more confident during settlement negotiations. Wrongful death lawyers in San Diego will zealously represent your interests, and you can stand up to the individuals and entities who are responsible for your loss.

It can be difficult to know how to proceed after losing someone who is close to you. The emotional stress can be overwhelming, and having dedicated wrongful death lawyers on your side can give you the opportunity to grieve your loss without taking on the added stress of a civil lawsuit. Financial stress can also increase as you deal with burial costs and funeral expenses. Pursuing financial compensation for your loss can help you alleviate some of the stresses caused by someone else’s negligence.

Wrongful Death Claim Negotiations in San Diego

Insurance claims adjusters and insurance companies do not have your best interests in mind. The insurance companies you negotiate with during settlement negotiations have one goal in mind, and that is to pay you as little as possible. Do not be fooled by kind words or considerate gestures–the insurance company is not your friend. The insurance claims adjusters are trained to push people to accept low settlement offers early in the process. Do not accept less than you and your family members deserve.

Speaking with San Diego wrongful death lawyers can give you a better chance of obtaining a reasonable settlement amount. Insurance companies may attempt to record statements to use against you. Settlement negotiations can be more productive if you have a competent personal injury lawyer on your side.

Good San Diego wrongful death lawyers will help you put together a package that contains all of your financial losses together in one place. You should request an amount that is much higher than the insurance company offers. The insurance company will either accept your offer or provide you with a counteroffer. You can accept the counteroffer or reject it and make a new offer.

Settlement negotiations typically occur in several rounds. Mediation and arbitration are also two forms of dispute resolution that you may participate in with your San Diego wrongful death lawyers. A trained legal mind can help you understand the ambiguous elements of the settlement negotiation process. Insurance companies do not want to take on the expense of a trial, so having a wrongful death lawyer on your side can make it more likely that the insurance company will offer a reasonable settlement amount.

San Diego Wrongful Death Claims – FAQs

Deadly accidents are unexpected, emotionally overwhelming, and terrifying. Your loved ones may be traveling to La Jolla or San Ysidro when they are suddenly struck by an intoxicated delivery driver and die while being transported to the emergency room. It is important to remain calm and focused during this time. Children, spouses, and other family members may not know how to respond to a tragedy. The personal losses can be unique to each family member, and sometimes, a devastating event can fracture families and cause the individual members to stop communicating.

The following are some of the most commonly asked questions regarding wrongful death cases in San Diego.

At what point should I retain a wrongful death lawyer?

It is generally advisable that most individuals who are interested in filing a wrongful death claim retain a wrongful death lawyer as soon as they can. Some family members may not believe it is necessary to retain a wrongful death lawyer. However, you can reassure your family members that San Diego wrongful death lawyers will help protect the interests of the family members who bring the claim against the negligent parties. Do not be afraid to reach out and get the help you need during this difficult time in your life.

These issues are commonplace, and many family members do not want to think about going through with a civil lawsuit. Wrongful death lawyers in San Diego can help you and your family members deal with the stresses of these unfortunate events by focusing on your end goal: obtaining financial compensation for your loss. Paying medical bills, funeral expenses, and burial costs should be your priority. Pursuing your legal claims is a rational and reasonable thing to do.

Do not let insurance companies or insurance claims adjusters take advantage of you or your family members. Do not accept quick settlement offers from the insurance company because you feel financially insecure. Speak to skilled wrongful death lawyers in San Diego and make informed decisions regarding your legal rights. Protecting your family is going to benefit all of the family members in the long run.

San Diego wrongful death lawyers can protect you from the difficult elements of a wrongful death case. For example, the press and media attention regarding a wrongful death case can be overwhelming. The wrongful death lawyer you choose will represent you and speak on your behalf. Therefore, you do not have to suffer through all the emotionally taxing interviews and press conferences that may be related to your wrongful death case.

What are the costs associated with retaining a San Diego wrongful death lawyer?

You do not have to pay any costs or fees at the beginning of your wrongful death case. The majority of San Diego wrongful death lawyers take wrongful death cases on a contingency fee basis.

You do not want to go into debt retaining a lawyer. Therefore, wrongful death lawyers deduct their fees at the end of a wrongful death case. After your case settles, or it goes to a trial and a civil judgment is entered, the wrongful death lawyer will subtract their fee from the total settlement or civil judgment. The families involved in wrongful death lawsuits can, therefore, move on with their lives while the case is ongoing. They do not have to make monthly payments or provide a lawyer with a significant retainer fee.

San Diego wrongful death lawyers, therefore, have the incentive to obtain the highest settlement amount possible. This incentive benefits you because your settlement offer will be higher, and you will receive a greater amount of financial compensation for your loss. Also, you do not have to take on any more financial burdens while you wait for your case to settle.

Are personal injury lawyers and wrongful death lawyers the same?

Personal injury lawyers and wrongful death lawyers perform similar tasks, but they are not the same. A few personal injury lawyers will take on wrongful death cases depending on the facts and circumstances of those cases. Most wrongful death lawyers possess specialized knowledge that comes with years of experience working on wrongful death cases. In most personal injury cases, the injured victim is still alive. But in wrongful death cases, a wrongful death lawyer must face official investigations and media attention. Many wrongful death cases may also contain a criminal component. These factors can make wrongful death cases complex.

Criminal prosecution may affect the timeline of a case and the strategy San Diego wrongful death lawyers choose to pursue. Many wrongful death damages are high, which makes the insurance companies and their attorneys work hard to reduce their financial liability. You should seek out San Diego wrongful death lawyers who can handle every aspect of your case. Do not retain a lawyer who does not have experience with wrongful death cases. Wrongful death cases feature elements and issues that are not present in average personal injury cases. Therefore, it is highly advisable for you to retain a San Diego wrongful death lawyer to protect your legal rights.

What rights do I possess as a surviving family member in a San Diego wrongful death lawsuit?

Under California law, if you are a child, domestic partner, surviving spouse, grandchild, or if you were a dependent, then you may have the right to assert a wrongful death claim. Many surviving family members may be present, but only one wrongful death lawsuit may be filed.

It is important to understand that you or the representative of the decedent’s estate may bring a civil lawsuit, known as a decedent’s cause of action. This lawsuit is sometimes called a survival action. Many family members combine wrongful death claims and survival actions into one civil lawsuit. The lawyers and judges involved in the case will usually refer to these cases as wrongful ‘death cases, but these cases also involve the survival statute. One legal claim is your cause of action for your loved one’s death, and the other legal claim is the cause of action that your loved one could have brought if they had survived. San Diego wrongful death lawyers can help you understand how these claims relate to one another.

May I still bring a wrongful death claim if my unborn child died during an accident caused by another person?

The laws of California do not permit wrongful death cases relating to a fetus. The parents may bring an action for emotional distress if the parents saw a party acting negligently and engaged in wrongdoing.

Is pure comparative negligence relevant to wrongful death cases?

Yes, if the decedent’s behavior contributed to their death, then the parties bringing the wrongful death lawsuit may be unable to attain complete financial compensation. The jury may assign specific percentages of fault to both the plaintiff and the defendant. If the jury decides that the plaintiff was comparatively negligent, then the overall recovery will be reduced in accordance with the plaintiff’s degree of fault.

Call The Wrongful Death Lawyers San Diego Trusts

Arash Law, founded by famous attorney Arash Khorsandi, Esq., helps injured victims and their families seek financial compensation for their injuries. We have decades of experience representing clients in wrongful death cases. We have recovered over $500 Million for clients throughout California. We focus on your case, and we are not afraid to stand up to insurance companies and assert the rights of our clients.

Contact Arash Law at (888) 488-1391 to schedule a free consultation. Our San Diego wrongful death lawyers serve the surrounding areas such as Coronado, National City, Chula Vista, Lemon Grove, Bonita, La Mesa, Imperial Beach, La Presa, Spring Valley, El Cajon, Rancho San Diego, Santee, Bostonia, Tijuana, Mexico, and Lakeside.