North San Diego County Wrongful Death Attorney

Bringing Some Comfort to Family Members of Deceased Loved Ones – Carlsbad Wrongful Death Lawyer

In California, when someone is killed by the wrongful conduct or gross negligence of another, it is considered a “wrongful death.”  Though the loss of any family member is difficult, it is particularly devastating when your loved one is killed due to the actions of another.  Survivors of those killed as a result of another person’s negligence are often left distraught, angry, and financially unprepared for the sudden departure of their loved one, who all too often was the primary breadwinner.

The next of kin of a deceased family member can bring a claim against the negligent party for wrongful death.  Wrongful death plaintiffs may recover for: funeral and burial expenses, loss of income from the decedent, loss of companionship, mental anguish and suffering, loss of household support, and medical expenses incurred prior to death, among others.

At Skolnick Law Group, we understand that nothing can bring back the love and bond you shared with your family member.  However, we will do everything in our power to help ease this loss and minimize its impact on your family.  Skolnick Law Group has vast experience representing next of kin in wrongful death actions, and will fight to see your loved one’s death avenged.

Who Can Bring a Wrongful Death Suit?

California law allows next of kin family members to bring a wrongful death suit.  Those considered next of kin are: husband, wife, domestic partner, children, and parents or siblings, in order of priority to a claim.  Wrongful death claims can be brought by more than one set of plaintiffs.  For instance, if a parent dies, the surviving spouse and children may all be plaintiffs.

Possible Recovery for Wrongful Death Plaintiffs

While exact compensation will depend upon the facts of the case and the plaintiffs involved, some potential avenues of recovery in a wrongful death action include:

  • Funeral and burial expenses
  • Medical expenses of the decedent prior to death
  • Loss of income from the decedent
  • Loss of household support
  • Loss of child-rearing support
  • Loss of medical and retirement benefits
  • Any other economic damages sustained as a result of the death of the loved one
  • Noneconomic damages, including mental anguish and suffering
  • Loss of consortium (brought by the surviving spouse in a separate civil action)
Causes of Wrongful Deaths

Annually in the U.S., there are nearly 200,000 injury related deaths.  Some of the most common incidents that result in wrongful death include:

  • Automobile accidents—approximately 40,000 people are killed annually in automobile accidents.  Thousands of these accidents are the fault of a negligent driver, who can be held accountable in a wrongful death suit.
  • Trucking accidents—nearly 4,000 individuals a year are killed in trucking accidents.  These accidents are more likely to result in death than car accidents due to the immense weight and size of commercial trucks.  Negligent truckers or their trucking companies may be sued in a wrongful death action.
  • Motorcycle accidents—about 4,500 motorcyclists die in crashes with motor vehicles or trucks yearly.  Often, these accidents result from the driver of the vehicle failing to see the motorcycle.  Negligent drivers can be forced to financially compensate the loved ones of deceased victims.
  • Unsafe premises—almost 20,000 slip-and-fall fatalities occur each year due to unsafe premises.  Dangerous conditions on the property of another can include slippery surfaces, defective stairways, unsafe balconies or terraces, obstructed or poorly lit walkways, parking lots without adequate security, or the use of unapproved equipment such as ladders.  Wrongful death actions can be filed against negligent property owners, who owe a duty to maintain their property in reasonably safe condition under premises liability laws.
  • Medical malpractice—nearly 100,000 Americans die each year due to preventable medical errors.  Doctors and other health care practitioners are entrusted with our lives, but sometimes negligence occurs.  Misdiagnoses, surgical errors, medication slip ups, and the like can all lead to the death of our loved ones.  Wrongful death actions can rely on the basis of medical malpractice.
  • Defective products—according to the CDC, over 20,000 deaths are caused by defective products each year, which can include: inadequate warnings or failure to warn, design defects, and manufacturing defects.  The makers of defective products can be named in wrongful death suits.
Act Promptly After the Death of a Loved One

In the throes of grief, few consider meeting with an attorney to discuss their loved one’s death immediately.  However, prompt action is required to preserve your wrongful death action.  California law sets out strict time limits within which you must bring your action, or forever waive it.  These statutes of limitations balance the competing interests of the plaintiffs and defendants, providing plaintiffs with time to investigate and obtain an attorney and defendants with some reassurance that after a specified time, the concern of a lawsuit has passed.  The statute of limitations varies depending upon the type of defendant and the circumstances of the case.  In some instances, it can be as short as six months.  Act quickly to ensure you do not lose the opportunity to seek justice for your loved one.

Contact the Skolnick Law Group Now for Superior Wrongful Death Representation!

If your loved one has been killed due to the negligence of another in California, it is crucial that you hire an attorney experienced in handling these types of cases.  At the Skolnick Law Group, our Carlsbad wrongful death lawyer will fight tirelessly for the compensation you deserve.  Attorney Skolnick will also take the time necessary to answer all of your questions, guide you through the legal process, and assist you in making informed decisions about your case.  Attorney Skolnick serves clients in Carlsbad, Encinitas, Vista, Oceanside, San Marcos and throughout North County San Diego. To learn more about the firm’s comprehensive legal services, contact us at (760) 405-4397, or, feel free to visit us online to schedule your free and completely confidential initial consultation. We have evening and weekend appointments available, and will also visit you at home in the event you can’t come to us.  For the personal attention and aggressive representation you need, contact us today.