A grieving mother and her children from a wrongful death

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 wrongful death lawyer 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 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.

WHO CAN FILE A WRONGFUL DEATH CLAIM

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 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 car accidents, medical malpractice, workplace accidents, bicycle accidents, defective products, drowning, motorcycle accidents, train accidents, defective drugs, boating accidents, aircraft accidents, dangerous premises, intentional acts and a variety of other scenarios.  In any case, it is best to consult with an experienced wrongful death attorney if you have lost a loved one as a result of someone else’s wrongdoing.

HOW WE CAN HELP YOU

James 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.  You can read more about what Jim’s clients and fellow lawyers say about him on AVVO.

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

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.