When a person dies as a result of someone else’s actions, whether intentional or not, their family may experience long-lasting consequences in their life. This includes financial concerns like paying medical and funeral expenses or a loss of income, as well as the psychological and emotional pain of losing someone you love. If a family member died due to someone else’s negligence, an Oceanside wrongful death lawyer may be able to help you recover damages.
At Mitchell Law Corporation, our skilled legal team helps clients get compensation to protect their finances and future after the wrongful death of a loved one. For more than 25 years, our experienced attorneys have fought aggressively for the rights and interests of our clients. We treat each client with kindness and honesty and are committed to excellence in every case.
The legal term “wrongful death” refers to a person’s death that is caused by recklessness, carelessness, negligence, an intentional act, or criminal conduct. This is often a result of an accident of some kind, but just because it’s an accident doesn’t mean no one is at fault. The party at fault might be an individual, a corporation, a government agency, or more than one party.
When this kind of death occurs, the family of the victim can file a legal claim against the party or parties who caused the death.
A wrongful death claim is not the same as criminal charges. A plaintiff does not always need to prove that a crime was committed, only that the defendant is more likely than not responsible for the death. However, a wrongful death claim may be filed in addition to criminal charges when the death occurred in the commission of a crime.
In California, family members might be eligible to file a wrongful death claim. This includes spouses or domestic partners, children and other dependents, parents, siblings, or other family members who suffer damages as a result of the victim’s death. In most cases, the family must file the claim within a certain window of time. It is sometimes possible to file a claim after the deadline, such as in situations where the cause of death took a long time to determine.
Every wrongful death situation is unique, but many fall under one of several common categories, including:
Even though a situation may not fall neatly into a specific category, it does not mean family members can’t file a claim. If you believe your family member’s death was caused by someone else’s negligence, an experienced Oceanside wrongful death lawyer can help you determine if there is evidence to support a legal claim.
A: The monetary damages in a wrongful death claim in California can vary widely. Some settlements may be several million dollars, while others may be much less. The amount depends on several factors, including the age of the victim, whether they had dependents, and how much they contributed to the financial support of their family.
A: There is no cap on wrongful death damages in California in most cases. There is only one exception for non-economic damages in medical malpractice cases; however, that cap has recently been raised from $250,000 to $500,000 and will continue to go up every year to provide a more positive impact on the lives of victims’ families.
A: Victims’ families should gather any evidence that proves the parties were at fault in the wrongful death in Oceanside, CA, as well as anything that shows the impact of the loss. This will vary depending on the details of the case and may include, but is not limited to:
A: Governor Gavin Newsom signed AB 35, which raised the cap on pain and suffering damages for wrongful death victims’ families. The new law also added the ability to “stack” damages against healthcare providers and healthcare facilities or institutions, as well as unaffiliated facilities or providers, such as outside labs the facility may contract with.
Mitchell Law Corporation has been helping injured clients recover compensation in Oceanside and surrounding counties for decades. Our skilled attorneys take the time to understand each case and focus on each client and their individual needs. Contact our office today to set up a consultation.
