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San Diego Wrongful Death Attorney

Why Hire Our Wrongful Death Attorney in San Diego?

The loss of a loved one is devastating, but don’t expect the insurance companies to be sympathetic. Their lawyers go to court and use a variety of egregious tactics which demean the value of your loved one’s life and their relationship to you. Insurance companies will blame the victim for their death. Insurance companies protect their clients first, at your expense. Their goal is to eliminate all financial liability.

Your best defense against these tactics is to hire an experienced personal injury lawyer in San Diego early in the legal process. Do not expect insurance companies to do the right thing.  From our experience, you will need a skilled lawyer to secure the best possible result in a wrongful death claim.

How Our San Diego Wrongful Death Lawyer Can Help You

James S. Iagmin has 20 years of experience handling wrongful death claims. Jim has an established track record of achieving successful results for his clients. Jim has a reputation as a compassionate, caring and intelligent attorney and is recognized in the San Diego community for his integrity, character and skill as a lawyer. Jim has received numerous awards and honors for his abilities as an attorney.

Losing a loved one is one of the most difficult experiences a person can go through. By hiring Jim, you can trust that your legal claim is being managed by an attorney with the skills and experience necessary to achieve the best possible result.

Wrongful death – A gentleman was tragically killed when metal at a salvage yard fell on him.

Policy Limits Settlement – $1,000,000

Who Can File a Wrongful Death Claim in San Diego

Only certain people can file a wrongful death lawsuit. California Code of Civil Procedure § 377.60-377.62 provides that the decedent’s surviving spouse, domestic partner and children may file a wrongful death claim. If there is no surviving spouse, domestic partner, or children, then the following persons may file a claim:

  • Other dependents of the decedent
  • Putative spouse
  • Children of the putative spouse
  • Stepchildren
  • Parents

Only one lawsuit is allowed in cases where multiple parties have the right to file a wrongful death claim. So, for example, a surviving spouse and stepchild could not file separate claims.

How to Know if You Have a Legitimate Wrongful Death Claim

There are three components to a wrongful death claim: (1) liability, (2) damages and (3) collectability. If any of those three components are missing, then you do not have a claim.

  1. Liability: Liability requires proof that you lost a loved one as the result of someone else’s wrongdoing. Liability does not require an intent to cause injury or death. It is sufficient to demonstrate that the offender failed to take reasonable precautions under the circumstances.
  2. Damages: You may be able to recover for medical expenses, funeral expenses and other economic damages incurred as a direct result of your loved one’s death. You may also be able to recover the loss of your loved one’s income. Expect insurance companies to hire lawyers and economists to publicly discount the value of your loved one’s earning capacity, in court, to the greatest degree possible. If they can leave you with nothing, they will. You may also be able to recover for emotional damage, such as pain and suffering or loss of companionship, resulting from the victim’s death. Anticipate that insurance companies will minimize the degree of your pain and suffering as much as they can. Insurance lawyers will demean the nature and intimacy of your relationship to the victim in order to avoid financial responsibility. This is one of the many reasons you will need an experienced lawyer to achieve an equitable result in a wrongful death claim.
  3. Collectability: Insurance companies will do their best to use loopholes to deny coverage completely or partially. We have seen egregious cases of insurance companies manipulating facts and contractual language to deny financial responsibility. Insurance companies leverage their years of experience handling wrongful death claims to give you the minimum possible recovery, or no recovery at all.  It is best to have a skilled lawyer to help you avoid these insurance traps.

Understanding Comparative Fault in Wrongful Death Cases

California follows a pure comparative fault rule, which means that even if your loved one was partially at fault for the incident that led to their death, you may still be able to recover damages. However, the amount of compensation will be reduced by the percentage of fault attributed to the deceased.

For example, if your loved one was found to be 30% at fault for a car accident that resulted in their death, and the total damages were $1,000,000, you would still be able to recover $700,000 (70% of the total damages). Your wrongful death attorney should be able to answer all your questions about the California comparative fault law. Note that if this situation is similar to your case, contact our car accident attorney in San Diego today.

Gathering Evidence for Your Wrongful Death Claim

Building a strong wrongful death case requires solid evidence. While your attorney will take the necessary steps to gather that evidence, you can take steps to help preserve evidence and strengthen your case. Some helpful actions you can take include: 

  • Collect all relevant medical records and death certificates.
  • Gather any police reports or accident reports related to the incident.
  • Secure witness statements if possible.
  • Preserve any physical evidence from the scene of the incident.
  • Document all expenses related to the death, including medical bills and funeral costs.
  • Keep a journal detailing the emotional impact of the loss on you and your family.

The Importance of Expert Witnesses in a Wrongful Death Claim

In many wrongful death cases, expert witnesses play a crucial role in establishing liability, certifying the authenticity of some pieces of evidence, and proving damages. The types of experts you might use in your wrongful death case could include: 

  • Accident reconstruction specialists
  • Medical experts
  • Economists to calculate future lost earnings
  • Psychologists or psychiatrists to testify about emotional trauma
  • Industry specialists relevant to the specific circumstances of the death

A skillful wrongful death attorney will work to identify and retain the most appropriate expert witnesses for your case.

How Much Time Do I Have to File a Lawsuit

Like most personal injury and other negligence claims, the statute of limitations for a wrongful death claim is two years from the date of the victim’s death. Because the statute of limitations is short, it is important to contact a wrongful death attorney without delay if you question whether a lawsuit may be justified under the circumstances of a loved one’s death.

Types of Wrongful Death Lawsuits

Wrongful deaths can arise from accidents including medical malpractice or motorcycle accidents. Note that in the event you have been injured in an auto accident, contact our motorcycle accident lawyer in San Diego today.

Other types of accidents that may cause a wrongful death include:

In any case, it is best to consult with an experienced wrongful death attorney in San Diego if you have lost a loved one as a result of someone else’s wrongdoing.

Understanding the Emotional Impact of Wrongful Death Cases

While the legal aspects of a wrongful death claim are crucial, it’s important to acknowledge the profound emotional impact such a loss can have on surviving family members. Grief can be overwhelming, and the added stress of legal proceedings can make the emotional burden even heavier. It is wise to retain a wrongful death attorney who deeply understands the grief and tremendous life changes facing surviving loved ones.  

It’s also important to seek support from friends, family, or professional counselors during this difficult time. Many people find solace in support groups specifically designed for those who have lost loved ones due to wrongful death. These groups can provide a safe space to share experiences, coping strategies, and emotional support with others who understand your situation firsthand. An experienced and caring wrongful death attorney can help guide you to helpful resources for navigating this devastating time. 

Negotiating With Insurance Companies

When you retain a wrongful death attorney, they will handle all negotiations with insurance companies on your behalf. However, if you have not yet retained a wrongful death attorney in San Diego, or even if you have, it is important to remember these tips:

  • Never give a recorded statement without consulting your attorney first.
  • Be cautious about signing any documents from the insurance company without legal review.
  • Understand that initial settlement offers are often far below what your case is worth.
  • Keep detailed records of all communications with insurance representatives.
  • Let your attorney handle all negotiations to ensure your rights are protected.

Alternative Dispute Resolution in Wrongful Death Cases

Not all wrongful death cases go to trial. Many are resolved through alternative dispute resolution methods such as:

  1. Mediation: In mediation, a neutral third party helps facilitate negotiations between the parties.
  2. Arbitration: With arbitration, a private judge hears the case and makes a binding decision.
  3. Settlement conferences: In settlement conferences, attorneys meet to discuss a possible resolution.

These methods often lead to faster resolutions of a case and reduce legal costs compared to a full trial.

Schedule a Complimentary Strategy Session With a Trusted Wrongful Death Attorney in San Diego

Complete this form to schedule a complimentary strategy session. You will have the opportunity to meet with one of the most trusted wrongful death attorneys in San Diego and learn strategies which may help you achieve the results you want. You will receive a well-written summary of the facts of your case for free. Do not delay, as you may lose valuable legal rights by doing so.