Escondido Wrongful Death Lawyer

It can feel almost impossible to move on after you have lost someone, especially if it was an incident that could have been avoidable. This is a reality for claims of wrongful death that were caused by someone else’s negligence or intentional behavior. When this happens, surviving family members have the right to investigate the details of what happened and receive compensation for damages. An Escondido wrongful death lawyer can help make that happen.

At Mitchell Law Corporation, we have seen time after time again how damaging these experiences can be for the surviving family members of someone who wrongfully passed away. It’s why we get to work as soon as we are hired to help prove the circumstances and ensure all damages are calculated and paid for. Whether you need assistance with the individual’s medical costs, funeral expenses, or basic living needs, we can help secure these funds through a claim in court.

Determining the merits of your potential wrongful death case can feel complicated and personal, especially while you are trying to juggle all of the emotions that also come with these scenarios. Some of the key elements below can help you better understand if you have a valid claim.

• Understanding Wrongful Death Basics: A wrongful death lawsuit arises when someone dies due to negligence, recklessness, or the intentional action of others. To be officially considered a wrongful death, there must be an individual or entity who is responsible for causing the death. This could be through a car accident, medical malpractice, an incident at work, or any other harmful act. Wrongful death cases are civil cases, which means they aim to provide compensation to those who are suffering.
• Identifying Duty of Care: An essential component of any wrongful death case is to establish that the defendant owed a duty of care to the deceased. “Duty of care” refers to the legal obligation to act in a certain way to prevent harm to others. For example, doctors are obligated to maintain a duty of care when it comes to their patients, just like someone driving a vehicle has the responsibility to follow traffic laws. Establishing the fact that this duty existed between the victim and the accused is step one in determining if you have a case.
• Proving Breach of Duty: You must be able to show that the duty of care was breached by the defendant. This means that the party did not uphold the standards that were expected of them. For example, if a driver was texting while driving, they broke the expected norms of this behavior, which caused damages when they crashed. The key is to demonstrate that this breach was unreasonable under the circumstances and is directly linked to the death.
• Establishing Causation: Even if a breach of duty clearly happened, it also must be shown that the breach directly caused the death. This causation is a clear link between the defendant’s actions and the fatal outcome. Proving this involves connecting the dots between what the defendant did or failed to do and the fatal outcome. Establishing causation is essential to validate the wrongful death claim and make a strong case for why compensation is owed.
• Determining Damages: Damages in wrongful death cases are the financial and emotional loss that is suffered by surviving family members. This can include both economic losses, like funeral expenses, and non-economic losses, like pain and suffering. Calculating these damages can help to quantify the total impact of this loss to make it clear to the court and insurance companies why the compensation is warranted. A Escondido Wrongful Death Lawyer can help make these calculations.

Q: What Is the Difference Between Medical Malpractice and Wrongful Death?

A: It’s true that medical malpractice and wrongful death are related, but they are also distinct legal concepts. Medical malpractice is when a healthcare provider fails to meet the standard of care that is owed to their patient. Wrongful death can occur when failure to meet the standard of care results in someone passing away. To win these cases, the plaintiff must prove the healthcare provider’s negligence actions directly caused the patient to die.

Q: What Is the Statute of Limitations for Wrongful Death in California?

A: Plaintiffs have two years from the date of their loved one’s death to file a wrongful death claim for compensation. You cannot receive any compensation in Escondido, CA if you miss this date. There are some exceptions, like if the cause of death was not immediately apparent. As soon as you think you have a wrongful death case on your hands, get in touch with a Escondido Wrongful Death attorney who can validate this and start the process.

Q: Who Can Recover for Wrongful Death in California?

A: California law allows certain family members and dependents to recover damages in a wrongful death case. It’s generally the deceased's spouse or children that have the primary right to file a claim. If these individuals are not available or do not exist, anyone else who was financially dependent on the deceased may be able to recover compensation. Since each case is unique, eligibility varies based on the family’s specific circumstances.

Q: How Much Is a Wrongful Death Lawsuit in California?

A: A: The value of a wrongful death lawsuit in California varies widely, depending on factors like the deceased’s income, the financial need of any surviving family members, and the circumstances that caused the death to happen. Compensation will typically include economic damages like funeral costs and medical bills to non-economic damages like emotional suffering. There is no fixed cap on wrongful damages, so an attorney can help you determine a reasonable amount to request.

If someone you love has recently passed away and you are suspicious it was at the fault of another person, contact Mitchell Law Corporation as soon as you can. We have seen enough of these cases to know the legitimate grounds for starting a wrongful death lawsuit. Contact us today to share your story with us and learn about your legal options.