El Cajon Wrongful Death Lawyer

Losing someone you love without notice can be one of the most devastating experiences of your lifetime. This is especially true when their passing was the result of someone else’s negligence or intentional behavior. During these tragic scenarios, surviving family members may be entitled to seek justice for their passing and compensation for any financial damages it brought to their lives. Hire an El Cajon wrongful death lawyer for guidance on how to hold responsible parties accountable.

At Mitchell Law Corporation, we understand the profound impact a wrongful death can have on a family. Not only can it be emotionally treacherous, but it may also put your loved ones in a difficult financial position. Our experienced legal team can step in as soon as we are hired to investigate the circumstances of the loss and build a strong case for compensation. This can maximize the odds of family members receiving needed financial assistance for medical expenses, funeral costs, and more.

There are many different pieces of evidence that can be collected to establish the validity of a wrongful death claim. The evidence must link the death to specific negligent or intentional actions of the accused. Some of the most common pieces of evidence that can be combined to build a compelling case include:

• Medical Records and Autopsy Reports

  Having access to the deceased’s medical records and autopsy reports can help provide important information to the court on the individual’s passing. This can include what the extent of their injuries were, the formal reason for their death, and what type of medical treatment they received to try and save their life.

  These details can create the link you need between the accused and the cause of death. For example, if the death was from a medical procedure, this documentation can show how certain actions or omissions by a physician or facility were contributing factors of malpractice to the death.

• Expert Testimonies: Bringing in different expert witnesses can make a huge difference in how strong your wrongful death claim is. Providing this type of professional knowledge to explain complicated issues in layman’s terms to the court can help contextualize what happened and provide more credibility to your claim. For instance, a third-party medical provider who was not involved with this specific case can testify that the healthcare provider’s actions deviated from standard practice.
• Witness Statements: Providing eyewitness accounts is also invaluable, especially if the wrongful death happened in a public setting where other people were able to see what happened. These testimonies can provide firsthand accounts of what happened, including what negligent behavior they saw that led to the death. For example, a witness who was in the same fatal car accident might be able to describe seeing the driver in question driving recklessly before crashing into the deceased.
• Documentation of Financial Losses: If there was a clear financial hit related to your loss, you must provide financial documentation in order for the court to reward you for these damages. This can include proof that the lost income you may have relied on from the deceased will create significant problems for you in your future life. This documentation can create a complete picture of the economic impact this loss has had. It also helps the court calculate a fair and just settlement to reward you.
• Proof of Negligence or Intent: It’s important to demonstrate how the responsible party acted negligently or with intent. To achieve this, your El Cajon Wrongful Death Lawyer can help prove that the individual in question had a duty of care that was owed to your loved one, the duty was breached, and that the breach directly caused the death. Evidence of this can include safety violations, prior warnings that were not taken seriously, or past similar incidents involving the same defendant.

Q: How Much Can I Get for a Wrongful Death Lawsuit in California?

A: The total compensation for a wrongful death lawsuit depends on the circumstances of each case. You must establish how much you have lost in combined medical bills, funeral expenses, and financial support to surviving family members. Non-economic damages can also be at play, like the emotional toll of losing a companion. California does not have a fixed cap on damages for wrongful death claims.

Q: What Is Required for Proving Wrongful Death Claims?

A: Proving wrongful death claims in El Cajon, California requires establishing these four core elements: duty, breach, causation, and damages. First, prove that the defendant owed a duty of care to your loved one. Then, show how they breached that duty through some form of neglect or intention. Next, you must establish causation by showing how their actions directly led to the death in question. Finally, calculate losses that they should be held accountable for.

Q: How Long Do You Have to File a Wrongful Death Claim in California?

A: The statute of limitations for wrongful death claims in California is two years from the date when the deceased individual died. This is a strict time limit, which means that people who miss this deadline can forfeit their ability to recoup compensation, regardless of how compelling the evidence for their damages may be. Some exceptions exist, so it’s always important to connect with a wrongful death attorney to see what options you have.

Q: Who Is Able to Recover Compensation for Wrongful Death in California?

A: The primary individuals eligible to recover funds from wrongful death claims are generally close family members of the deceased. This can include the individual’s spouse, domestic partner, parent, or children. If these individuals do not exist, the court may use its discretion to identify who the deceased was closest to before the incident. It’s important to note that a wrongful death claim can sometimes be pursued by those who would inherit their estate.

If someone you know has recently passed away and you are suspicious it might qualify as a wrongful death claim, get in touch with us at Mitchell Law Corporation today. We have the education and experience necessary to get to the bottom of what happened and ensure justice is served for the individual you are grieving. Contact us today to learn more.