Learning of the unexpected death of a loved one is one of the most traumatic experiences of our lives. After the shock comes the long process of grieving as we mourn their life and miss their companionship; then, we may find ourselves struggling to pay their medical bills and changes to our daily routine. If they were dependent upon their income, grieving family members may also find themselves in a precarious financial situation.
Under California law, you are entitled to file a wrongful death action and seek compensation if you lost a loved one because of another person or party’s negligence. The economic damages from a wrongful death claim can cover medical costs, household services, and funeral and burial expenses. Moreover, you may also be entitled to compensation for your pain and suffering.
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- Catastrophic injuries, including workplace injuries
- Premises liability cases, including construction accidents
- Violent assaults
- Nursing home abuse
- Birth injury
Wrongful deaths are not always considered crimes.Â
Wrongful death claims are civil lawsuits that lead to a financial burden levied against the defendant. Even in cases where the defendant is required to pay punitive damages, they may not be found to have committed a criminal act. Violent crimes like murder can lead to wrongful death claims, but not all wrongful death claims will involve criminal behavior.
Your local district attorney or prosecutor will decide whether or not to pursue a criminal case in addition to the civil case; this generally results in fines and/or prison time. While the state-filed criminal case does not affect your right to file a wrongful death lawsuit, you may need to wait until the criminal case process is complete before filing a civil suit. Talk to a San Diego wrongful death attorney to learn more.
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"Tim and his team are an amazing group of people who dedicate themselves in providing excellent services. Not only do they go above and beyond for their clients, they become emotionally and personally invested which really shows throughout the entire process. Tim is an excellent litigator and I highly recommend him and his team."
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“I have a valid wrongful death case. What happens next?” After the trauma of losing a loved one, you may find yourself uncertain about what to expect during the preparation of a wrongful death case. At McKenzie Scott PC, we pride ourselves on forthright communication with our clients. You are always welcome to reach out with any questions, and we will get back to you as soon as we can.
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- Disputed or contested duty of care. If the defendant argues that they were never responsible for the wellbeing of the decedent, your wrongful death case may take longer; your plaintiff’s attorney will need to establish a basis of the defendant’s duty of care through depositions and collecting evidence to prove their relationship at the time of the accident.
- Disputed or contested liability. if the defendant claims they were not at fault, this will require a trial to determine whether or not that is the case.
- Unknown cause of death. If the decedent’s cause of death is unknown or uncertain, this gives the defendant wiggle room to delay or deny a full, fair settlement.
- Overloaded courts. Depending on the jurisdiction, you may experience a legal logjam in the court system that can push your day in court back months or even years.
Several elements come into play in a wrongful death lawsuit, namely: establishing duty of care, demonstrating that the defendant(s) breached that duty, determining causation, and tabulating damages. Your wrongful death lawyer will be able to explain what is entailed with each of these factors.
Establishing liability is the first step in any personal injury claim; your wrongful death lawsuit starts by showing the person who caused the death of your loved one had a duty to protect them. Any negligent or intentional action that resulted in the death of your loved one can qualify as a breach of this duty. Meeting this evidentiary standard can be challenging, depending on the case; it may be easy to establish liability in a car accident case but a bit more involved in a premises liability claim.
The final two elements, proving causation and demonstrating damages, are closely linked. You must establish a causal relationship between the defendant’s action (or inaction) and the fatal event. Your wrongful death lawyer will seek evidence showing that the defendant’s behavior caused the fatal accident and will gather documentation to show the extent of the collectible damages. “We think that the jury verdict did deliver both truth and justice,” said Tim Scott, firm partner and founder.Read more: San Diego jury awards $85M in death of man following arrest
McKenzie Scott PC is here to help. Call us to discuss your case: (619) 794 0451.
While there are no comprehensive national statistics for average wrongful death damage settlements or verdicts, we do know that wrongful death cases are relatively common. The value of a wrongful death settlement or verdict is known to range into the millions. Expected settlement value has been shown to vary based on several factors, including:
- The decedent’s age
- The decedent’s wage and future earning potential
- The survivors’ loss of pension plan or retirement benefits
- Burial and funeral costs
- Outstanding medical bills
- Loss of financial support upon which the decedent’s dependents relied
- Egregious acts of negligence or misconduct
A trusted wrongful death lawyer is your best resource for forecasting settlement or verdict value.
Questions? Call the wrongful death experts at McKenzie Scott PC: (619) 794 0451.
Damages, or the financial remedy requested by the plaintiff to make them whole, may seem oddly out of place in a wrongful death case. No amount of money can ever fully compensate for the loss of a loved one; how does the court system determine what is owed in these tragic cases?
Damages in a wrongful death case fall into three categories:
- Economic damages. The first is to offset the financial burden left in the wake of their death: medical expenses resulting from the decedent’s injury or illness, funeral arrangements, loss of income for the surviving dependents and so on.
- Noneconomic damages. The second goal in wrongful death damages is to compensate survivors for their noneconomic damages, namely the pain and suffering.
- Punitive damages. Finally, in cases of egregious negligence or misconduct, punitive damages may be levied against the defendant as punishment.
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- Duty of Care. First, you need to show that the defendant owed a duty of care to the deceased. Proving your case in California only requires you to determine liability through a preponderance of the evidence. This is a lower standard for liability than what is required for a criminal trial.
- Breach of their Duty of Care. Once duty of care is established, you then must show that the defendant breached this duty of care through negligent, careless, or reckless behavior that resulted in wrongful death. Certain third-party standards may come into play: for example, hospital policy, nursing home codes of conduct, or FMCSA guidelines.
- Causation. A defendant is only going to be found liable for damages stemming from their behavior; this is a legal concept called causation. If the plaintiff party can prove a link between the defendant’s breached duty of care and damages suffered by the plaintiff, the plaintiff is likely entitled to compensation.
- Damages. Finally, the plaintiff must prove what damages that they have incurred. This may include financial costs associated with caring for the decedent, funeral arrangements, as well as pain and suffering.
Statute of Limitations for General Personal Injury Claims: two (2) years
California’s statute of limitations is two (2) years from the date of the injury. This means that you only have two years to file a wrongful death lawsuit in the state of California. This statute is intended to prevent a long time gap between the fatal event and the filing of the death suit, as any delay may make it more difficult to prepare for the case. See the California Code of Civil Procedure for more information.
Tort-claim Statute of Limitations for Claims Against Government Agencies: six (6) months
The California statute of limitations further stipulates that claims against government agencies must be filed 6 months (or for some cases, 1 year) of the incident. If the claim is denied, you can then file your lawsuit in court but there are strict limits to when, so read the section on government claims and the chart on statute of limitations below.
Regardless of the specifics of the case we strongly recommend that you file a claim as soon as possible after the death of your loved one. Contact McKenzie Scott PC to learn more.
If you are uncertain about your rights to file a wrongful death claim, call McKenzie Scott PC today: (619) 794 0451.
A wrongful death attorney is a specialized type of legal professional who provides representation in cases involving a death caused by someone else’s negligence. Their work usually begins with a comprehensive investigation to determine if the defendant was negligent and if this negligence caused the fatal accident.
After a thorough investigation, your wrongful death lawyer will help determine how much financial compensation you deserve, and fight to secure that money on your behalf.
They will advise you about your case’s strengths and potential weaknesses, making sure you are made aware of any changes to your case. Your wrongful death lawyer is also responsible for communicating and negotiating with opposing counsel, insurance companies, property management agencies, and any other third-party entities involved in the case.
Finally, if a fair settlement cannot be reached, your lawyer will prosecute your case in court. Your wrongful death attorney will be your legal advocate so you can focus on recovering from your incalculable loss.
Need A San Diego Wrongful Death Attorney? Call McKenzie Scott PC.
For over two decades, the attorneys at McKenzie Scott PC have been helping countless victims get the justice and financial compensation they need after accidents due to negligence which lead to catastrophic injuries. Our mission includes fighting for the little guy, and that means never backing down from litigation against powerful entities and individuals.
Reach out to one of our catastrophic injury trial lawyers today for a case evaluation by calling 619-794-0451. We’ll provide you with a thorough overview of all your legal rights and options, an estimated timeline for your case to reach a successful conclusion, and an estimated value of your potential damages award.
Civil matters are almost always performed on a contingency-fee basis, which means that we only earn a fee and collect costs after successfully recovering a settlement or verdict for your case.
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