September 23, 2014
What is a Claim for Wrongful Death in San Diego?
California laws protect victims of accidents and negligence. If someone is hurt as a result of the failure of another person or the failure of a company, the entity who caused the harm must pay damages to the victim. The victim can file a personal injury case to obtain those damages. The claim may be settled out of court or the victim can go to trial and convince a jury to award him compensation.
Unfortunately, in some cases, the victim does not survive the injuries he sustains. When this happens, surviving family members and close relatives of the victim may make a claim for wrongful death in San Diego. Wrongful death cases ensure that survivors are compensated for their losses and that those who cause someone else’s death are held accountable. A San Diego, CA wrongful death lawyer at Injury Trial Lawyers can help victims to take legal action, so call today to learn more.
Making a Claim for Wrongful Death in San Diego
The purpose of a claim for wrongful death in San Diego is to ensure surviving family members do not experience financial hardship because their loved one has been killed. The goal of these cases is not to punish the person or company who caused the death. If the actions of the person who caused the death rise to the level of criminal actions, the prosecutor will bring a separate criminal case. Civil cases are not filed by prosecutors, and a person who is sued and who loses does not go to jail. In a wrongful death claim in San Diego, the surviving family members of a victim file a civil lawsuit and if the plaintiff wins, the defendant pays monetary compensation.
To make a wrongful death claim in San Diego, the plaintiff has to be able to show
- That the actions of the defendant were the direct cause of the death.
- That the defendant did something wrong, or failed to do something that was required.
The plaintiff does not have to show the defendant intentionally did something to cause the death. If a defendant is negligent and this negligence results in death, the defendant is still liable.
To determine if the defendant did something wrong, it is important to understand the obligation the defendant had to the deceased victim. For example, drivers have an obligation to every other motorist and pedestrian on the road. A driver has a duty to obey speed limit laws and other road safety rules, and must exercise reasonable care at all times when driving. If someone choses to run a red light or to drive drunk, he has failed to fulfill his legal obligation. If he causes an accident because of his negligence or failures, he can become responsible for the resulting death. Surviving family members could thus make a claim for wrongful death in San Diego.
Wrongful death cases arise out of a wide variety of different situations including car accidents; injuries on property; dog bites and medical mistakes. If your loved one has been killed and you believe someone else may have been responsible for causing the death, you need to contact a San Diego, CA wrongful death lawyer at Injury Trial Lawyers to get help. Call today to schedule a free consultation.
Injury Trial Lawyers
1230 Columbia Street #560
San Diego, CA 92101