Encinitas Wrongful Death Lawyer
When tragedy strikes and you lose a family member due to someone else’s carelessness, you need the guidance and support of an experienced wrongful death attorney. The Encinitas wrongful death attorney, James Iagman, is here to help you. In many cases, families can seek both justice and financial compensation through a wrongful death claim.
James Iagman has more than two decades of personal injury law experience and a deep sense of empathy for his clients’ situations. Jim is committed to helping families find closure. His goal is to secure the financial resources you may need to rebuild your life while honoring the memory of your loved one. Contact our Encinitas personal injury attorneys today to schedule a free consultation to discuss your case.
Understanding Wrongful Death in California
Not all deaths are legally considered wrongful. In California, a death is classified as wrongful when it results from someone else’s negligence or misconduct. This occurs when an individual or entity fails to exercise the appropriate level of care, leading to a fatal accident that could have been prevented.
In a wrongful death case, the death would not have occurred if not for the defendant’s negligent actions or inactions. If you think you may have grounds for a wrongful death claim in Encinitas, contact our wrongful death lawyer in Encinitas for a free consultation and case evaluation.
Responsible Parties in a Wrongful Death Case
In California, and all other states, the party whose negligence caused a wrongful death can be held accountable for monetary damages. This may include compensation for the survivors’ emotional distress, lost earnings of the deceased, current and future financial losses resulting from the death, reimbursement for funeral and burial costs, medical expenses, and other related out-of-pocket expenses.
Potentially responsible parties could include:
- A negligent motorist
- A healthcare professional
- An employer
- A business proprietor
- A manufacturer of faulty products
- A property owner
- A combination of multiple parties
To be entitled to compensatory damages in a wrongful death case, you must prove that the defendant was at fault in the death of your loved one. If you decide to file a claim, your Encinitas wrongful death attorney will need to present sufficient evidence to convince an insurance company or court that the defendant’s actions led to your loved one’s death. Proving fault involves demonstrating four key elements: duty of care, breach of that duty, causation, and resulting damages.
Who Can File a Wrongful Death Claim in Encinitas, California?
To have a right to file a wrongful death claim, it is not enough to have a close relationship with the deceased person. California law dictates who has the legal right to pursue this claim. In California, only certain family members are entitled to seek damages for wrongful death. These may include:
- Surviving spouse or children
- Parents or siblings
- Domestic partner
- Anyone financially dependent on the deceased
The parties who may file a claim will vary depending on the deceased person’s family circumstances. You should speak with an experienced wrongful death attorney to determine whether you have standing to file a claim.
Common Causes of Wrongful Death
Under California’s fault-based system, you must prove another person is at fault to recover damages. However, before fault can be established, the cause of the death must be understood. Some accidents that may cause wrongful deaths include slip and falls and car accidents in Encinitas.
Some of the most frequent causes include:
- Construction or workplace accidents
- Defective products (including pharmaceutical drugs)
- Vehicle collisions and other traffic-related incidents
- Medical malpractice
- Misdiagnosis
James Iagman can thoroughly investigate the circumstances surrounding your loved one’s death to identify potential causes and responsible parties. If he uncovers evidence of malice, negligence, or recklessness related to the victim’s death, he can assist the proper person in bringing a wrongful death claim.
Financial Implications of a Wrongful Death Case
In California, families may be eligible for compensation from a defendant for economic and non-economic damages related to a wrongful death, including:
- Future earnings the deceased would have likely earned
- End-of-life expenses (medical bills, funeral and burial costs)
- Lost retirement or pension benefits
- Reduced inheritance
- Pain and suffering experienced by the victim and their loved ones
- Punitive damages (in cases of intentional acts or gross negligence)
- Loss of companionship and support
To understand the potential value of your family’s wrongful death claim, contact our wrongful death attorney in Encinitas for a free consultation and evaluation of your case. Jim understands that no monetary award can truly compensate for the loss of a family member. However, a favorable case outcome may give you and your family peace of mind and financial stability during this difficult time.
Contact an Encinitas Wrongful Death Lawyer Today
Have you experienced the tragic loss of a loved one due to someone else’s reckless, negligent, or deliberate actions? Reach out to our Encinitas wrongful death attorney today. Our dedicated team commits to thoroughly examining every aspect of your case to pursue the financial support and compensation you rightfully deserve.
James Iagman and his team proudly serve the Encinitas community and surrounding areas. We may be able to assist you in obtaining financial restitution for your devastating loss through a wrongful death claim. Contact our office today to schedule your free consultation and case evaluation.