No one ever prepares you for the cost of death. We’re not talking about the emotional cost, either. Our San Diego wrongful death lawyers are intimately aware of how expensive a tragic loss can be for a family to recover from, particularly if you don’t have help. The medical bills, the loss of income, the funeral expenses. They add up fast.
Omega Law Group Accident & Injury Attorneys can help you demand compensation from the party responsible for your loved one’s death. Our San Diego personal injury lawyers can help you understand what comes next and walk you through the process one step at a time.
Our team has decades of combined experience, and we believe in putting our clients first, always. You can reach out now to discuss the legal options available to your family in this situation.
Why Hire a Wrongful Death Lawyer in San Diego, CA?
Turning to an attorney for help after a fatal accident can provide your family with dedicated and compassionate support after the loss of a loved one. Our wrongful death attorneys in San Diego understand the emotional strain you can feel, and we want to take some of the weight off your shoulders by handling legal matters for you.
Hiring an attorney immediately means that the at-fault party will have a harder time pushing your family around. We address any legal challenges you face and can help you avoid mistakes that could prevent your family from filing a wrongful death lawsuit or claim.
You can rely on our professional team to:
Answer Your Questions
We can provide detailed answers to any questions you have about the process of filing a wrongful death claim. We understand this complex legal process and can share our knowledge with you.
Handle the Insurance Company
We understand that dealing with insurance representatives and the emotional toll of losing a loved one at the same time can feel overwhelming. Fortunately, you do not have to handle these representatives alone.
Our team can take over all communication with the insurance company, and allowing us to do so can protect your claim for financial compensation.
The insurance company can try to block your family’s claim if you do not have professional help. The company could even try to blame your loved one for a fatal accident to protect its bottom line.
Build Your Claim
We need to investigate and gather evidence about what happened when handling a wrongful death action. Our legal team knows how to collect the evidence that can show that someone else’s negligent actions caused your loved one’s fatal accident.
We need to prove liability when handling your claim. This process involves gathering evidence that can show that:
- Someone else owed your loved one a duty of care
- The other party’s breach of duty violated that obligation
- The other party’s actions led to the fatal accident
We need to get to work right away to have a stronger chance of collecting any relevant evidence to ensure your family has a solid claim.
Resolve Your Wrongful Death Claim
You can rely on us to explore all potential options to resolve your claim against the responsible party. We may focus on settling out of court or filing a wrongful death lawsuit. We’ll discuss all these options when you contact us for professional support.
Types of Wrongful Death Claims We Can Handle
Our team can provide the dedicated support you need after many types of fatal accidents, from motor vehicle accidents to hazards out on the water.
For example, you can reach out to us if you lose a loved one in a:
- Auto accident
- Motorcycle accident
- Commercial truck accident
- Pedestrian accident
- Rideshare accident
- Boating accident
- Slip and fall accident
Our legal team can provide the support you need after any of these fatal accidents.
What Financial Support to Request in a Wrongful Death Claim
Wrongful death claim damages are calculated by adding together the economic and non-economic damages in your case. These losses can range from your emotional distress to the loss of future earnings, funeral costs, and final medical bills.
You can work with our team to determine what losses you can include in your claim. Our team can then determine the dollar value of those losses, particularly losses that don’t generate traditional bills.
Many of the losses tied to a fatal accident don’t leave a paper trail. As part of your family’s financial recovery, we can determine a just value for your:
- Loss of consortium
- Loss of income and future earnings
- Emotional distress
- Pain and suffering
- Loss of companionship
We’re here to provide more information about the funds available to your family when you contact us for help.
Can You Get Punitive Damages After a Fatal Accident?
Some families will receive additional punitive damages after the loss of a loved one. These damages serve to punish the liable party for intentional acts or extreme recklessness, and they do not directly correlate to the losses you otherwise experience.
California does not make punitive damages available after every fatal accident. Your wrongful death lawyer in San Diego will need to review your situation to see if you qualify for this form of compensation.
California Limits Your Rights to File Wrongful Death Claims
When do you have the right to bring a wrongful death claim forward on behalf of a loved one? California law states that you must fill a specific role in the life of the deceased if you want to take legal action on their behalf. The state primarily allows the deceased’s children, spouse, or parents to file a claim in their name.
Stepchildren and legal guardians may also maintain the right to file a wrongful death lawsuit in certain circumstances.
The Evidence We Use to Build Your Case
Building a strong wrongful death case is really about the details. The right evidence tells a clear story of what happened and who was responsible, so you don’t have to. When we take on your claim, we know where to look and how to pull it all together.
Evidence our San Diego wrongful death lawyers may look for includes:
- Police reports: The official record of the accident, often the starting point for establishing fault.
- Medical examiner reports: Documentation on the cause of death, which can directly connect the accident to your loved one’s passing.
- Expert testimony: Insight from accident reconstruction specialists or medical professionals who can further explain technical concepts
- Witness statements: Firsthand accounts from people who saw what happened.
- Photos and video: Footage from the scene, traffic cameras, or nearby businesses.
We handle the gathering and the organizing. You focus on your family.
How Comparative Negligence Can Affect Your Claim
Sometimes the at-fault party will argue that your loved one was partly to blame for the accident. This is where a legal rule called comparative negligence comes in, and it’s worth understanding before an insurance company tries to use it against you.
In plain language, comparative negligence means fault can be split between more than one person. California follows a “pure” version of this rule, so even if your loved one was found partly responsible, your family can still recover compensation. The amount is simply reduced by the percentage of fault assigned to them.
Here’s why it matters. Insurance companies love to point fingers, because shifting even a little blame onto your loved one lowers what they have to pay. We push back on those tactics, using the evidence to fight for a fair outcome and a real sense of justice for your family.
Why Choose Us to Help You?
Our team at Omega Law Group believes in putting clients first and providing compassionate assistance to families after the loss of a loved one. We can provide answers to your questions, offer legal advice, and always keep the lines of communication open.
You can rely on our law firm to explain the wrongful death laws that apply in your family’s situation. We’ll take the time to ensure that you fully understand your legal claim and the steps you need to take after a deadly accident.
We also work on a contingency basis, because we never want to add to the financial strain on your family. Our contingency fees come out of the recovery, so you will only ever pay us for legal fees after we fully resolve your claim.
That arrangement gives many families a little peace of mind during an already stressful time. You can learn more and get the legal representation you deserve by contacting us for a risk-free initial consultation.
Time Limits for a Wrongful Death Claim
Wrongful death claims fall under the broader category of personal injury lawsuits in California. Therefore, you have to abide by the personal injury statute of limitations set by the state of California if you want to file a wrongful death claim against a negligent party.
The statute of limitations in California gives you no more than two years to gather all of the information needed to build a claim against the negligent party. You must bring that claim forward, or else you risk California civil courts waiving your right to support.
You can delegate responsibility for the investigation into your loved one’s wrongful death to an experienced attorney so you can prioritize the care and keeping of your family following a loved one’s passing.
Working with a wrongful death attorney in San Diego, CA, ensures that you can stay on top of your family’s emotional well-being without rushing the civil process.
When to File a Wrongful Death Insurance Claim
Certain accidents may also entitle you to file an insurance claim requesting damages for a loved one’s wrongful death losses. So long as the offending party involved in your accident has California’s minimum liability insurance or a comparable equivalent, you can initiate a conversation with an insurance claims adjuster.
We recommend that you bring an experienced attorney into conversations with an insurance claims adjuster if you want to minimize the bad faith behavior that an adjuster engages in. Insurance companies want to prioritize their financial well-being, not yours. As such, these parties may flagrantly ignore your grief to save themselves a few bucks.
You can determine whether or not it’s worth it to file a wrongful death claim with an insurance company when you first meet with our attorneys for a case evaluation.
Contact a San Diego Wrongful Death Law Firm for a Free, Confidential Case Evaluation
It’s time for you and your loved ones to hold negligent parties responsible for your grief. You can collaborate with Omega Law Group to take civil action before your statute of limitations expires and pursue the sense of justice your family deserves.
Our San Diego wrongful death attorneys can help you build a claim, submit it on time, and advocate for the support you deserve.
We bring several decades of combined legal experience to your pursuit of wrongful death compensation. If you have questions about your right to file a claim or if you want to know what your case may be worth, you can contact us to schedule a free case evaluation. We’re here 24/7 to represent your best interests.