La Mesa Wrongful Death Attorney
Why Hire Our Wrongful Death Lawyer in La Mesa?
When tragedy strikes unexpectedly, the pain of loss is compounded by the fact that the death could have been prevented. The La Mesa wrongful death lawyers at James S. Iagmin, stands beside families grappling with the aftermath of untimely deaths. Jim has witnessed firsthand the emotional and financial toll these situations take on the loved ones left behind.
If negligence has robbed you of a loved one, James Iagman will champion your cause. Contact our La Mesa wrongful death lawyer today to schedule your free consultation.
What is Considered Wrongful Death in California?
In California, a death resulting from negligence must demonstrate four key elements:
- Negligence
- Breach of Duty
- Causation
- Damages
The plaintiff must demonstrate that the defendant owed the deceased person a duty of care, that duty was breached, and that this breach resulted in death and damages. An example of this may include someone speeding and driving unsafely down the freeway, causing an accident. In the event this happened to your loved one, contact our La Mesa car accident lawyers today.
The burden of proof is on the plaintiff to provide substantial evidence supporting a California wrongful death case. You need an experienced and compassionate La Mesa wrongful death attorney to guide you and protect your rights.
Who Can Bring a Wrongful Death Claim in La Mesa?
After a loved one has passed away, there are only certain people who may file a wrongful death claim. The surviving spouse, children, and surviving grandchildren of the deceased have the first right to bring a claim. Under California law, these survivors can file separately or jointly. If these types of claimants do not exist, next in line is:
- Parents of the deceased person
- Siblings or step-siblings
- Children of the deceased person
- Grandparents of the deceased person
- Lineal descendants of the deceased
How Do You Get Compensated for a Wrongful Death Claim?
The defendant’s assets or liability insurance coverage may sometimes determine the value of a wrongful death claim. However, an experienced California wrongful death attorney can help victims’ families obtain maximum compensation by carefully examining the specific aspects of the case at hand.
It can also be a challenge to determine how much financial support survivors lost as a result of their loved one’s death. It requires an assessment of the decedent’s employment and salary history and anticipated future wages and lost wages, including promotions, raises, and more.
Some common damages that may be recovered include:
- Lost potential earning capacity of the deceased
- Income at the time of death
- Medical bills
- Funeral home expenses and burial costs
- Loss of benefits
- The value of household services the deceased could have provided during his or her lifetime
Speak with a skillful and experienced La Mesa personal injury attorney to determine if you have a wrongful death legal action you can pursue. California’s legal tort laws protect the loved ones of a person who died from negligence.
California Statute of Limitations
Generally, California has a two-year statute of limitation for wrongful death claims. However, there are exceptions to that rule.
For example, if medical malpractice caused the victim’s death, the statute of limitations is one year from the date the negligence was discovered or three years from the date of death, whichever comes first. And if a government entity is a defendant in a wrongful death case, the statute of limitations is only six months.
Contact an Experienced La Mesa Wrongful Death Attorney Today
James Iagman is passionate and dedicated to pursuing the compensation victims of wrongful death cases deserve. Jim helps their families rebuild their shattered lives by bringing the responsible parties to justice. With more than twenty years of experience championing the rights of personal injury victims, Jim will fight tirelessly to bring justice for the loved ones of wrongful deaths.
If you have lost a loved one due to the fault of another, let James Iagman help you get the financial compensation you deserve. Contact our offices today to schedule your free consultation.