At Berman & Riedel, LLP, we are deeply committed to protecting the dignity and well-being of the San Diego Elderly. Our Elder Abuse Resources provides a personal, compassionate, and professional approach to identifying, preventing, and addressing elder abuse. With our expert legal team by your side, you have access to essential information, and advice ensure every senior is treated with the respect and care they deserve. Trust Berman & Riedel, LLP to be your reliable legal partner in creating a safer, more supportive environment for our elders.
As our San Diego wrongful death lawyers know all too well, the sudden death of a loved one causes unimaginable grief, which the victim’s friends and family will carry with them for the rest of their lives. Learning to live the rest of your life without a husband, a wife, a child, a parent, or another loved one can seem like an insurmountable challenge, one which nobody can really relate to unless they have experienced such a loss.
To make matters worse, when a loved one’s death was wrongfully caused by the negligent, reckless, or intentional acts of another, the surviving family members may be left with financial hardships. Working with our San Diego wrongful death attorney, a wrongful death action can be brought by the victim’s surviving heirs against the wrong-doer to recover funeral and medical expenses, lost wages, loss of future earnings of the deceased person, loss of companionship and services, pain and suffering (in some types of claims), and other sometimes significant compensation and monetary damages.
Although no amount of money can compensate for the incredible loss the victim’s loved ones are experiencing, obtaining monetary compensation will ease the financial stress and anxiety that survivors experience as a result of added expenses or a decrease in familial income.
Connect with a leading wrongful death lawyer in San Diego today. Berman & Riedel is here to help you navigate your California wrongful death claims.
What Is Wrongful Death in San Diego?
Wrongful death is a legal term referring to a death caused by someone else's negligent actions or intentional wrongdoing. Wrongful death can include accidents due to recklessness or negligence, such as a car accident, or intentional misconduct, such as murder.
When a wrongful death occurs, grieving family members can file a lawsuit for “wrongful death.”
In some cases, a wrongful death results in criminal prosecution. Wrongful death lawsuits, however, are civil actions and separate from any criminal charges that may or may not be filed. Civil cases have a lower standard of proof than criminal cases; this means family members can be successful at recovering compensation and seeking justice even if criminal charges aren’t pursued, or there is no conviction. This is where a California wrongful death attorney can help you file a wrongful death lawsuit in San Diego.
California Wrongful Death Statute
Wrongful death lawsuits are notoriously complex. California law defines not only what is considered a wrongful death but also who may file a claim, in what circumstances, and what type of compensation may be recovered.
California Code of Civil Procedure 377.60 grants family members the right to recover economic and non-economic compensation for the wrongful death of a loved one. Under California’s wrongful death statute, family members can recover damages, including:
Final expenses
The amount of income the deceased would have earned
Compensation for loss of support and companionship
Wrongful death claims may be combined with a “survival” cause of action under California Code of Civil Procedure 377.30. These actions are brought on behalf of a victim’s estate to compensate for the losses the victim suffered rather than the family.
While wrongful death lawsuits in California do not allow for punitive damages, a survival cause of action may allow for this type of compensation in some cases.
Who Can Bring a Wrongful Death Claim in San Diego, CA?
Under California law, only certain people are eligible to file a wrongful death lawsuit:
Spouse or domestic partner
Biological and adopted children
Next living heir or descendant, such as siblings or parents, when there are no surviving family members in the victim’s line of descent
Parents in the case of a deceased fetus
People financially dependent on the deceased, such as stepchildren and putative spouses
California’s “one action rule” requires that all known heirs to the deceased’s estate be included in the lawsuit.
There are a few exceptions to who can file a wrongful death action in California. A claim may not be allowed if the decedent died while committing a felony or, in the case of medical malpractice, if the decedent’s chance of survival was lower than 50% before the negligent act.
A San Diego wrongful death lawyer can help if you are unsure if you are eligible to file a wrongful death lawsuit after the death of a loved one.
Common Causes of Wrongful Death in San Diego
Wrongful death can occur due to any number of circumstances, including unintentional accidents and intentional wrongful actions. There are about 170,000 “unintentional injury fatalities” in the United States every year, according to the CDC, and many of these cases may be eligible for wrongful death lawsuits. The following statistics shed light on the shocking number of potential wrongful death claims in California and the rest of the country.
Medical errors are the third-leading cause of death and claim over 250,000 lives every year in the U.S., according to a John Hopkins study.
Traffic accidents are responsible for 6,900 fatalities every year in California alone.
Over 17,000 people are killed due to slip and fall injuries per year, according to the CDC.
The BLS reports that more than 5,200 workers are killed in workplace accidents every year.
There are nearly 1,800 homicides in California annually, according to the FBI.
Types of San Diego Wrongful Death Cases We Handle
Wrongful death claims can be brought after any type of act in which recklessness, negligence, or intentional wrongful acts lead to the death of someone else. The following examples of wrongful death cases are not exhaustive.
A number of our wrongful death cases have come as a result of tragic car accidents,motorcycle accidents, and large truck accidents. Most traffic accidents are caused by negligence, such as distracted or reckless driving, speeding, or drunk driving. If you have lost a loved one due to a similar accident, a San Diego wrongful death attorney from our firm will be happy to hear your case and assist you with your claim.
Slip and Fall Accidents
Slip and fall injuries fall under an area of law called premises liability, which requires that property owners and managers maintain a safe environment for visitors and address any hazards they know or have reason to know exist. If a loved one suffered a fatal slip and fall injury on someone else’s property, a San Diego wrongful death lawyer can help you explore your legal options.
Medical Malpractice
Medical malpractice is a leading cause of accidental death in the United States, and it can include everything from failure to treat, misdiagnosis, and delayed diagnosis to surgical errors and birth injuries.
One of the most common wrongful death cases we handle is centered around claims of abuse or negligence of an elderly individual who was in the care of a nursing home facility. The legal team at our San Diego wrongful death law firm is recognized for our expertise and experience managing wrongful death cases with skilled nursing homes and related elder care facilities.
Workplace Accidents
Employers have a legal duty to maintain a safe work environment for their employees. Wrongful death can occur in any industry. The leading cause of fatal workplace accidents is transportation accidents, but a wrongful death can also be the result of heavy machinery accidents, defective products, unsafe work conditions, and falls. A fatal accident lawyer in San Diego can help you pursue justice after a workplace accident.
Strict Liability Cases
Under California law, family members can file a wrongful death claim in some situations, even when the defendant was not negligent. This includes cases of fatal dog bites and defective products.
Assault and Battery, Murder, and Manslaughter
Unfortunately, wrongful death isn’t always the result of negligence or an accident; many cases involve intentional wrongdoing. These cases are more likely to also come with criminal charges for the defendant, but the outcome of any criminal trial (if one occurs) has no effect on a plaintiff’s ability to file a wrongful death action.
Other Types of Wrongful Death Cases
The following are other examples of situations in which a wrongful death claim may arise:
Fire
Drowning
Suicide in some cases of bullying, or if someone with a special duty of care, such as a therapist, was a major factor in the suicide
Child abuse or neglect
If you have any questions about whether or not you have a wrongful death case, it's always a good idea to seek wrongful death legal help in San Diego. A San Diego wrongful death attorney from Berman & Riedel is always here to help.
Compensation Available in Wrongful Death Claims in California
Curious about wrongful death compensation in San Diego? Family members who are successful in a wrongful death claim may seek many types of economic and non-economic damages. These damages are designed to compensate heirs for the value of support they would have received from their loved one.
An aggressive wrongful death law firm in San Diego will help you seek the following types of damages:
Financial support that the victim would have provided. This includes loss of the victim’s reasonably expected earnings, typically through their anticipated retirement, and may include wages, work benefits, and some government benefits
The loss of benefits and gifts that heirs could have expected
Funeral and burial expenses
Household services the victim would have provided
Loss of training and guidance, moral support, affection, protection, companionship, and sexual relations
Pain and suffering (the victims and their loved ones) *Note the unique guidelines below for recovering from pain and suffering
There is no standard for how a jury decides the amount of non-economic damages like loss of protection. Economic damages are calculated, in part, based on the decedent’s life expectancy and health.
Note that California’s wrongful death statute does not allow damages for a survivor’s pain and suffering or punitive damages. Additional types of damages may be available through a survival action, however. This separate wrongful death claim is a unique type of personal injury claim.
A survival action allows a representative of the estate to assume the decedent’s legal rights and seek damages the victim would have been able to seek if they had survived. A wrongful death lawsuit, by comparison, compensates survivors for their losses.
A survival action is only allowed when the decedent survived for any amount of time after the incident or accident that caused his or her death. A survival action can allow for additional types of damages not available in wrongful death cases, including punitive damages but it does not include damages for disfigurement, pain, and suffering.
The only exception to this is the Elder Abuse Act, which allows for damages for a victim’s pain and suffering in a survival claim involving elder abuse or neglect. In these claims, heightened legal remedies are possible to award for the victim’s pre-death disfigurement, pain, and suffering when the defendant committed malice, fraud, oppression, and recklessness. These pre-death injuries the victim suffered are considered separate from the damages that can be recovered in a wrongful death action to compensate family members for their injuries.
An important consideration to take into account when hiring a San Diego wrongful death lawyer and pursuing a wrongful death claim is that the claim may be limited depending upon the conduct that forms the basis for the action. More specifically, a wrongful death claim based upon medical malpractice may be capped at $250,000 under the provisions of MICRA if the defendant's medical provider is found to have been merely negligent. However, if the defendant's medical treater is found to have acted recklessly or neglectfully (any conduct that was more than merely negligent), then that limitation would not apply.
Similarly, the $250,000 limit would not apply if the wrongful death claim is based upon the Elder Abuse and Dependent Adult Civil Protection Act (also known as the California Elder Abuse Act) because abuse amounts to more than mere negligent conduct.
Our San Diego wrongful death attorneys are extremely familiar with all state laws as they relate to wrongful death and medical malpractice, and will fight to make sure you receive the greatest compensation possible under the law.
Visit our case results page to see verdicts and settlements our San Diego wrongful death law firm achieved in past wrongful death cases. You can also learn more about wrongful death settlements.
Who Receives the Settlement in a San Diego Wrongful Death Lawsuit?
While the decedent’s estate files the wrongful death lawsuit, how damages are paid is determined by the court hearing the lawsuit. The court will decide how compensation is distributed among the surviving spouse and/or children. How damages are awarded will depend on the personal losses of each family member as a result of the fatal accident and the specific circumstances of the case.
Is There a San Diego Wrongful Death Settlement Calculator?
A settlement calculator is impossible to create, as every case is unique. The value of your wrongful death claim will be based on many factors. Some types of damages can be easy to establish, such as funeral expenses and medical bills. For other types of damages, wrongful death lawyers in San Diego use evidence to argue for the highest possible compensation for non-economic damages like loss of companionship and support.
Juries are typically advised to award a reasonable amount based on their common sense and the evidence. Your loved one’s age, health, and life expectancy may be used to determine an award for financial compensation and household services they would have provided.
How to Prove a Wrongful Death Case in California
A wrongful death lawsuit requires proving several key areas of the case:
Duty of care, or that the defendant owed the decedent a duty of care
Breach of duty of care, or that the defendant breached this duty
Causation, or that the defendant’s actions (or lack of action) led to the wrongful death
The victim's surviving family members suffered damages
The most complex aspect of a wrongful death claim to prove is that the death would not have occurred except for the defendant’s negligent or wrongful actions. At Berman & Riedel, LLP, our San Diego wrongful death law firm will help you gather evidence such as:
Witness statements
Expert testimony
Photographs
Police reports
Records or logs
Video evidence
Medical reports
Financial and tax statements, personal testimony, and bills may be used to prove the damages your family has suffered.
California Wrongful Death Statute of Limitations
The statute of limitations is the time period within which a civil lawsuit must be brought. In California, the wrongful death statute of limitations is two years from the date of the victim’s death. If a case is not filed within this time limit, you will lose the right to file a lawsuit.
There are some exceptions to this statute of limitations, such as cases involving negligence by a governmental body. It’s crucial to seek representation from an experienced wrongful death attorney as soon as possible to begin building your case.
Why You Need a San Diego Wrongful Death Attorney
Wrongful death claims are notoriously complex. While civil cases don’t have the same very high burden of proof as criminal cases, you must still show the defendant was responsible for your loved one’s death based on the preponderance of evidence.
An attorney specializing in wrongful death claims has in-depth knowledge of the legal process, understands the value of your claim, and provides support throughout the process. A San Diego wrongful death lawyer will also represent you during negotiations, take your case to trial if necessary, gather the evidence necessary to prove your claim, and seek maximum compensation for the loss you have suffered.
When choosing a wrongful death attorney in San Diego, it is important that the victim’s heirs look for not only a law firm with extensive experience in handling such cases but also one with compassionate, caring attorneys and professional staff who will respect the incredible suffering and sadness their clients are experiencing.
At Berman & Riedel, LLP, our San Diego wrongful death attorneys have years of experience handling wrongful death cases and understand not only the intricate legal aspects but also the emotionally sensitive aspects affecting our clients. We work diligently to see these cases through to completion so as to relieve as much stress as possible during this trying time in our clients’ lives.
San Diego Wrongful Death Attorney FAQs
Who Can File a Wrongful Death Claim in San Diego County?
In California, immediate family members such as spouses and children typically have the right to file a civil legal action after a loved one’s death. In some situations, a personal representative of the estate may also bring a legal claim on behalf of heirs. Our San Diego wrongful death attorney team helps families across San Diego County understand their rights and eligibility.
How Much Wrongful Death Compensation Can Families Receive?
Every case is different, but families may recover wrongful death compensation for financial losses and emotional harm. This can include lost income, funeral costs, and damages for emotional distress after the loss of a loved one. Our San Diego wrongful death attorney team works closely with each family to pursue the maximum compensation available.
What Must Be Proven in a Wrongful Death Case?
To succeed in a wrongful death lawsuit, we must prove liability by showing the death was caused by negligent or wrongful conduct. This may involve investigating accident reports, witness statements, and expert testimony. Because this is a civil case, the burden of proof is lower than the criminal standard of reasonable doubt.
What Types of Incidents Can Lead to a Wrongful Death Lawsuit?
Wrongful death claims can arise from many types of personal injury cases, including motor vehicle accidents, dangerous property conditions, defective products, or workplace incidents. Our law office regularly handles cases where a fatal injury occurred because another party failed to act responsibly or safely.
How Do Medical Malpractice Cases Lead to Wrongful Death Claims?
Some medical malpractice cases involve serious errors such as surgical mistakes, delayed diagnoses, or failure to provide appropriate treatment. These situations may lead to a wrongful death lawsuit when a patient dies due to medical negligence. We help families investigate medical records and pursue justice through the complex legal process.
Why Is It Important To Work With an Experienced Wrongful Death Lawyer?
Handling a wrongful death claim involves gathering evidence, calculating damages, and navigating court procedures. Experienced attorneys provide skilled legal representation and guide families through the complex legal process, presenting evidence and wrongful death statistics to support the case and strengthen the claim.
Schedule a Free Consultation With Our San Diego Wrongful Death Lawyers
If you have suffered the tragic death of a loved one due to someone else's negligence and are looking for 'wrongful death lawyers near me,' Berman & Riedel, LLP, can offer the experience and skill necessary to provide you with sound advice on how to protect your legal rights.
Contact our office today by calling (858) 350-8855 to speak with an experienced San Diego wrongful death attorney at our firm. Our experienced wrongful death lawyer will help you explore your options to seek compensation for your family. Initial consultations are always free, and you can also fill out our online form to get started. If we don’t recover compensation, there are no legal fees!
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Families across California share their experiences of how Berman & Riedel, LLP, fought for justice in cases of elder neglect, nursing home abuse, and personal injury.
Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide the support that the client needed.
Wrongful Death at a California Nursing Home
Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP, helped litigate the case with successful results.
Serious Injury at Skilled Nursing Facility
Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
Wrongful Death Legal Services
Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at ease through the entire process.
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FAQ
Frequently Asked Questions
Below are answers to common questions people have about working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.
How Much Does It Cost to Hire an Elder Abuse Attorney?
The attorneys at Berman & Riedel, LLP, accept elder and nursing home cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.
You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.
What Should I Do if I Suspect a Loved One is the Victim of Elder Abuse?
The first step is to report the abuse to the appropriate authorities. Call 911 if the situation is life-threatening. Otherwise, it can be reported to the police and appropriate agencies. For abuse in the community or a hospital, call Adult Protective Services at 1-833-401-0832. For abuse in a nursing home or long-term care facility, contact your local long-term care ombudsman or call 1-888-452-8609.
The next step is contacting a California elder neglect lawyer to help you safeguard your loved one’s rights, investigate the abuse, and hold the facility accountable.
Can You Tell Me How Much My Case Is Worth?
There is no way to determine the exact value of an elder abuse or personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.
There are many factors that may influence the value of your case, such as:
Your total financial or economic damages
The severity of your injuries
The impact of your injuries on your daily life
The strength of your case
Whether you share fault for your accident
Insurance policy limits
Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs, however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate.
If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.
During your consultation and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.
Will My Case Go to Trial?
The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.
An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.
How Do I Know If I Need a Personal Injury Lawyer?
The more serious your injuries or the more complex your case, the more important it becomes to seek experienced legal counsel.
Legal representation is vital if your case involves a complex area of law, such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.
Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for an accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.
Do You Accept Cases Outside of San Diego?
While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.
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The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Berman & Riedel, LLP at (858) 997-0678 if you would like to discuss your legal matter with a member of the firm.
