San Diego Wrongful Death Attorney
Focused on Helping Families
At The Law Office of Michelle Gershen, we’re committed to doing everything we can to relieve our clients of their burdens so they can focus on healing, especially if our clients have lost a loved one recently. The grieving process after the death of someone important to you looks different for everyone, but it’s often fraught with conflicting emotions and exhaustion. If your loved one died in an accident caused by negligence, you may be seeking justice on their behalf – this you can leave with us.
Our San Diego wrongful death lawyer has experience successfully filing and settling wrongful death claims in California and can apply her resources and knowledge to your case. We offer personalized attention and can meet with you one-on-one in a free consultation – to us, you’re not just another case number. You’re a person going through a challenging time who deserves compassionate care and dedicated legal support.
What is Wrongful Death in California?
A wrongful death refers to a claim that can be filed when a person dies as a direct result of another person or entity’s negligence. Civil claims are filed solely to recover financial damages, which the court can order the at-fault party to do if the claim is successful.
Wrongful death claims are different from homicide cases, which are criminal cases handled by the state that end with consequences like probation, fines, and jail or prison time. Criminal cases don’t involve reparations paid to the families of victims – families can thus file wrongful death claims even if criminal cases are taking place, too.
Common accidents that can result in fatalities include:
- Motor vehicle accidents, including car accidents, motorcycle accidents, and truck accidents
- Construction accidents
- Product liability, including illnesses developed from using defective drugs
- Premises liability, including slip and fall accidents
Who Can File a Wrongful Death Claim?
Determining who can file a wrongful death claim on behalf of a deceased individual depends on the state your loved one resided in. In California, only certain people can file a lawsuit, including the deceased person’s spouse, their domestic partner, or their surviving children. If none of those individuals exist, the lawsuit can be filed by anyone “entitled to the property of the decedent by intestate succession” which means parents or siblings can file a claim.
Individuals who can prove they were financially dependent on the deceased individual may also be able to file a lawsuit. Dependents can include the deceased individual’s stepchildren, their parents, or their “putative spouse,” referring to an invalid, “good-faith” marriage, and that spouse’s children.
Damages Families Can Recover
Wrongful death claims can recover some of the same damages that can be recovered in any typical personal injury claim. However, wrongful death claims also take into consideration the additional expenses families have accrued after the death of a loved one. Losses can be attributed to both the deceased individual’s estate as well as their surviving family members,
Losses associated with the estate include:
- Medical and hospital bills for the deceased individual’s illness or injuries
- Lost income and future earning capacity that the deceased individual would have been expected to earn had they survived
- Funeral and burial expenses
Losses associated with the surviving family members include:
- Loss of anticipated financial support
- Value of household services
- Loss of love and companionship
Seek justice for your loved one today by calling our San Diego wrongful death attorney at (619) 768-0848 to get started on your claim. The sooner you call, the sooner we can achieve your legal goals.
Our attorney is often trusted by clients for her empathy and dedication. Along with being able to recover damages, we can also file your claim in a reasonable amount of time so you don’t miss your opportunity to secure compensation. Like all personal injury claims, wrongful death claims also have a statute of limitations, or a specific time period you have to file a claim. In California, wrongful death claims are required to be filed within two years of the deceased individual’s death. You don’t want your family to miss your chance at achieving justice. With our help, we can file the paperwork, investigate your loved one’s accident, and strengthen your claim to recover the full amount you deserve.
After an injury, every moment matters. Michelle is here and ready to help you fight for the compensation you deserve.