What types of compensation can I receive if my loved one was a victim of a wrongful death car accident?
You cannot bring back your departed loved one. You can remember them and grieve for them, but you cannot reclaim what you have lost. However, it is possible to hold people accountable for their death. If you have good reason to believe that the death of your loved one owes to the recklessness, incompetence, or violent maliciousness of another, then you should hire a San Diego wrongful death attorney and file suit against them. San Diego wrongful death lawyers have the experience and expertise to deal with these kinds of cases.
Holding People Accountable
A wrongful death suit is the only instrument that survivors have to hold the people who caused the death of their loved one accountable. A wrongful death suit can be filed on any occasion when the action or inaction of a person caused the death of another. Here are some of the most common cases:
- Accidents and product defects
If your loved one was killed in a car accident caused by the recklessness or negligence of another driver, you can sue that person for compensation. You can likewise sue the owners of a public venue in which your loved one died owing to unsafe conditions.
If you believe that a malfunctioning or defective part in a device your loved one operated was a direct cause of their death, then you should have the matter investigated. If you find sufficient evidence to shore up your suspicions, then you should file suit.
- Medical malpractice
Doctors should have the training, insight, experience, and expertise to correctly diagnose and treat medical problems. It is one thing for your loved one to undergo a risk surgery in which you acknowledge the risks. It is quite another for them to undergo a routine surgery that leads to their death. In the latter case, you should hire a wrongful death attorney in San Diego and build a case.
You can also build a case if your loved one was misdiagnosed and you can prove it led to their death. Physicians can also be held accountable for prescription errors that lead to death.
Murder cases are investigated and prosecuted by the district attorney’s office. However, you can also file a civil suit against the person you have good reason to believe murdered your loved one. The standard of proof is lower for a civil suit. The preponderance of the evidence will get you a win in civil court. Indeed, if the DA cannot make the case against the person suspected of the murder, they can turn the evidence they have collected over to your wrongful death attorney in San Diego who can use it in the civil trial.
The O.J. Simpson case is the most famous example of this happening. After Simpson’s acquittal in the criminal trial, the family of Ron Goldman sued him in civil court and won.
Not Everyone Can File a Wrongful Death Suit
Surviving spouses, children, and parents have a right to file a wrongful death suit. Some states extend this right to siblings, grandparents, and grandchildren under certain circumstances. If you were not married to the deceased but had a long-term relationship with them, it may also be possible for you to have standing in such a suit—especially if you have children with them and were financially dependent on them. A wrongful death attorney San Diego can help you establish your right to sue.
You can recover the following damages:
- Funeral and burial costs
- Loss of their expected income
- Loss of the value of services that they would have provided
- Loss of care, guidance, love, and companionship
Before you file your suit, you should contact a wrongful death lawyer in San Diego. A wrongful death attorney will know how to build a solid case for your compensation. If you are looking to get justice for your deceased loved one, you should speak to a wrongful death lawyer San Diego at the Law Offices of Keith J. Stone.