A Brief Summary of the Following Page
- Eligibility: California law specifies a priority order for filing wrongful death claims, including spouses, children, dependent minors, and other relatives, ensuring that those most affected by the loss have a right to compensation.
- Statute of Limitations: If you lost a loved one to wrongful death, California law gives you two years to file a claim.
- Recoverable Compensation: Victims may recover damages for medical expenses, funeral costs, lost income, and non-economic losses like pain and suffering, aiming to provide financial support during a challenging time.
- Why Hire a Lawyer: Callahan & Blaine provides top-notch legal representation in navigating insurance and legal hurdles, utilizing a comprehensive approach involving investigation, evidence gathering, and expert consultations to maximize compensation for you and your family.
- To schedule yours, call us at 714-241-4444 or fill out our contact form.
Losing a loved one unexpectedly is a traumatic, devastating experience for a family, especially if it was preventable. Working through grief during this difficult time is not easy, and you may feel unsure where to turn for help in filing a claim and holding the at-fault party accountable. At Callahan & Blaine, we understand the emotional and financial impact the loss of a loved one can have, so we can help take the burden of the legal process off your shoulders, allowing you to focus on what matters most.
Our robust team of 29 lawyers has a proven track record of successfully handling complex legal claims, including wrongful death. Our San Diego wrongful death lawyers have achieved multi-million dollar verdicts for our clients, so you can trust us to fiercely advocate for your rights every step of the way. Our dedicated team handles every aspect of your claim with the utmost care and respect, working closely with you to better understand your unique needs and situation to determine the best way to move forward to achieve justice for you and your family.
Who Can File a Wrongful Death Claim in San Diego?
When losing a loved one due to another party’s negligence, you have the right to pursue a claim and financial compensation for your losses. However, it is important to know only certain parties can file a wrongful death claim. California law establishes an order of priority for who is eligible to file this type of lawsuit, and it includes the following:
- Surviving Spouse: The deceased’s spouse or registered domestic partner is often the first to have the right to file a wrongful death claim unless they are found legally competent or relinquish their right.
- Children: If there is no surviving spouse or the surviving spouse cannot file a claim, the deceased’s biological, adopted, and stepchildren are next in the priority order. For minor children, an appointed guardian can help manage the claim. Grandchildren fall under this category if the deceased’s children have passed.
- Dependent Minors: Minors who lived with and were financially dependent on the deceased may file a wrongful death claim if they lived in the household for at least six months and at least half their support came from the deceased.
- Decedent’s Parents: If the deceased’s parents were financially dependent on them, the parents may file a claim. The parents also have a right to file if their child was a minor or unmarried with no children.
- Additional Heirs: If there are no direct family members, California’s state intestate succession laws apply. Regardless of dependency, siblings or their children, grandparents, and the children of a deceased spouse may file a claim in that order.
- Next of Kin: In cases where no relatives entitled to the deceased’s property are available, the next of kin may file a claim.
- Estate Representative: If multiple parties are eligible to file a wrongful death claim, you may have a personal estate representative file it on behalf of all parties. This approach can help streamline the process and ensure the settlement gets distributed appropriately.
We understand it can be challenging to know who is eligible to file a claim and how to proceed, so we are here to help initiate this process and ensure your claim gets filed within California’s two-year statute of limitations.
What Compensation May You Recover for Your California Wrongful Death Claim?
After tragically losing a loved one to wrongful death, you may be worried about the financial impact it can have on your life. With the help of an experienced, trustworthy lawyer, you have the best chance of receiving compensation for your losses. Depending on your unique situation, you may recover the following damages:
- The decedent’s medical expenses
- Funeral, burial, and memorial costs
- Loss of income and future wages
- Pain and suffering
- Loss of companionship
While we understand no amount of money can heal your grief, it can bring you the financial support you need to cover the damages associated with your loved one’s passing. Our San Diego wrongful death lawyers consider every detail when calculating your claim’s value to prevent settling for a lowball offer and improve your chances of receiving maximum compensation.
Why Hire a Lawyer to Help With Your San Diego Wrongful Death Claim?
Dealing with insurance companies and the legal process after losing a loved one to another party’s negligence takes a lot of strength, but with the support of the trusted team at Callahan & Blaine, you do not have to face it alone. We effectively and efficiently manage every element of your claim, including the following:
- Conducting a thorough investigation
- Gathering and analyzing evidence
- Identifying a liable party
- Accurately calculating your claim’s value
- Interviewing witnesses
- Utilizing valuable resources, such as economists and medical experts, to strengthen your claim
- Using our legal and insurance knowledge to answer your questions
- Filing your claim within the statute of limitations
- Organizing paperwork
- Taking your claim to court if necessary
With managing partner Edward Susolik, one of the leading insurance experts in the U.S., and our unmatched guidance, you can rely on us to alleviate the stress of the legal process and maximize your compensation. Our San Diego wrongful death attorneys are trial lawyers at our core, so if your claim needs to go to court, we are fully prepared to present your case to a judge and jury if necessary.
Reach Out to Callahan & Blaine to Speak With a San Diego Wrongful Death Lawyer
If you have lost a loved one due to another party’s negligence, you may feel overwhelmed, and it can be challenging to know how to seek justice for you and your family. At Callahan & Blaine, we understand the challenges you face during this difficult time, so we guide you through every step of the legal process and fight for your rights every step of the way.
Our exceptional, comprehensive legal services begin with an initial consultation where we gain a better understanding of your needs and help you understand your legal options. To schedule yours, call us at 714-241-4444 or fill out our contact form.
