Wrongful Death Lawyers

Wrongful Death

Death is a greater tragedy when we learn that it was avoidable: if only the truck driver had checked his tires; if only the doctor had called the cardiologist; if only the landlord had fixed the railing. The awful truth is that nobody can bring your loved one back to you.

What you can do for you, your family, and the memory of your loved one is to consult with a wrongful death lawyer if you believe the death was avoidable. It will hold the responsible people accountable, it will compensate for the loss of life, and it will give some financial comfort to the grieving family. Our team of wrongful death lawyers are here to help you through an unfortunate and emotionally difficult time.

What is Wrongful Death in San Diego?

Wrongful death is what it says: it was wrong for the deceased to die when he or she died. The wrongful death law is written so that the lawsuit is fought as if the deceased had lived and would have been entitled to sue.

What is The Goal of A Wrongful Death Lawsuit?

The law knows that the wife, children, and/or parents might suffer financial damage because of the death. For example, if the deceased is a tenured teacher with a guaranteed pension who was the only income earner in the household, the surviving family will suffer a very big financial loss. The goal of the lawsuit is to give money to the survivors of the deceased e.g. give the husband and children of the deceased teacher the financial lifestyle they would have had.

What about the Suffering?

If the deceased suffered before he/she passed away, a claim can be made in the wrongful death lawsuit that the deceased had pain and suffering before the death. If the deceased did have conscious pain and suffering before death, it can increase the value of the lawsuit.
If the deceased left behind a wife or husband, the law recognizes the loss of companionship and comfort suffered by the surviving spouse.
When parents lose a child, the law recognizes the loss of companionship and care. This includes the likelihood that the child would have cared for the parents as the parents grow older.
When a child loses a parent, the law recognizes the loss of companionship, guidance, and care. If a family member saw the death or injury that caused the death and now suffers severe emotional distress, the law might allow that surviving family member to bring a wrongful death claim for the distress.

Determining Cause of Death

If your loved one dies in a hospital, you will not always know what caused the death at that time. The death certificate might not even help you because it often says something that was obvious to you e.g. myocardial infarction from coronary disease.

Does your lawsuit have any chance?

Yes. Don’t give up hope. In examining the medical records, there is often indications in the chart that a different course of treatment would have kept your loved one alive.

Whose Name is On The Lawsuit?

The lawsuit for the death of “John Doe” is filed by the Estate of John Doe. The lawsuit will also include the name of the person who will represent the Estate in the lawsuit. It does not have to be the closest family member.

What We Can Do For You

Most of our wrongful death cases have come from doctors who committed medical malpractice. We are experienced in consulting doctors who determine the cause of death and who give us an opinion on whether the doctor was negligent. And we understand the hurt that your family has suffered. We cannot bring back your loved one, but we can help you understand why your loved one died and whether it could have been avoided.