Serving Southern California • San Diego • Orange County • Inland Empire

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.

Contact us online or by phone today at (619) 768-0848 to schedule a free consultation. Our team is available to listen to your story and help your family as much as we can.

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:

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.

How We Can Help

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.

Talk to Michelle Gershen Today!

After an injury, every moment matters. Michelle is here and ready to help you fight for the compensation you deserve. 

Why Choose Us

  • Case Size Does Not Matter

    Whether you were involved in a fender bender where you sustained minor injuries or you suffered serious injuries in a construction accident, Michelle Gershen is here to help with your case.

  • Unique Knowledge of Insurance Defense

    Michelle Gershen worked on the side of the defense for more than 25 years and has a unique knowledge of how to defend your case against insurance companies.

  • Speak Directly with Your Lawyer

    At The Law Office of Michelle Gershen, you work directly with Michelle on your case and receive personalized service tailored to your specific case.

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