What Is a Wrongful Death Lawsuit?

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits can be both emotionally and monetarily vindicating for family members who have lost a loved one through the fault of someone else. These are not criminal cases, but instead civil suits where deaths are often accidental, but where there is also a person or other entity at fault in the death.

A San Diego wrongful death attorney will explain to you the general legalities of a wrongful death case and then the specifics of your own case. In a wrongful death lawsuit, the people entitled to monetary compensation are usually the spouse, children, stepchildren or parents of the deceased (or, in some cases, siblings). Wrongful death cases can be the result of medical negligence, an automobile accident caused by drunk driving, a fatal trip or fall on someone’s property or in the workplace or even as a result of part of an automobile malfunctioning. Compensation is awarded on the basis of medical costs, funeral and burial costs and loss of income from the deceased over a lifetime. Damages may also be awarded for family mental anguish and suffering.

Not all wrongful death cases end up in court, and your San Diego wrongful death lawyer may advise you to agree to an out-of-court settlement. This may be easier on you emotionally as well, as you do not have to sit in a courtroom and relive a tragedy that occurred in your life for a judge and jury to hear. If the case does go to court, the verdict will be left to a jury and your wrongful death lawyer in San Diego will prepare your testimony and also prepare you for how difficult a trial may become for both you and your family. The jury will also decide how much money you and your family are entitled to, should the verdict go in your favor.

It may seem callous to some to try to win money because a loved one has passed, but this money can be beneficial to yourself and your children. What your spouse may have earned over a lifetime is lost to you and wrongful death damages can make the difference in your financial freedom and even if you can one day send young children to college. Contact a wrongful death attorney in San Diego today if it has been under two years since a loved one has passed and you think you may have a valid wrongful death case on your hands.


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