Wrongful Death: Do You Have a Case?

Wrongful Death: Do You Have a Case?

Wrongful death lawsuits are not part of criminal court proceedings and therefore a ruling on the behalf of the plaintiff does not meet jailtime for the defendant, as a wrongful death is not always considered murder or manslaughter. However, it can give the plaintiff a sense of justice being fulfilled if their loved one died because of someone else’s recklessness or neglect and also a feeling of closure after losing a close family member.

A San Diego wrongful death attorney can meet you after a loved one passes and discuss the specific aspects of your case with you. There is a chance you do not have legal ground to stand on if you are thinking of having your day in court, or there is a chance you have a very good case on your hands that can help yours and your family emotional well-being, as well as help recoup monetary losses as a result of this person’s death. Unlike a criminal case, guilt does not have to be proven with no reasonable doubt. A wrongful death civil suit needs to prove extreme likelihood of guilt, meaning there is more than a 51% chance that the defendant caused the death in question.

Some situations that warrant calling a San Diego wrongful death lawyer include nursing home or assisted living negligence, death due to someone else’s reckless driving, medical negligence (this would be different from medical malpractice in many law cases) or a malfunction on a part of a motor vehicle like the brakes or steering wheel. If a death is a result of a product malfunctioning, your wrongful death attorney in San Diego may help you sue the company that made the product, and not necessarily one individual.

If you feel you have a wrongful death suit on your hands, call an attorney as soon as possible. California has a statute of limitations of two years from the time a death occurred till a lawsuit is filed. This may seem like a long time, but there is much that needs to be done to prepare a lawsuit, including giving the plaintiff notice that one will eventually be filed. While it is understandable that you are grieving and have just buried a child, parent or spouse, talking things through with a wrongful death lawyer in San Diego may help you heal and also help you feel vindicated for losing a loved one through the fault of someone else.

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