Losing a loved one due to someone else’s negligence or wrongful actions is an unimaginable tragedy. The emotional and financial toll can be overwhelming, leaving families unsure of where to turn. At The Law Office of Jared J. Drucker, we understand the profound impact a wrongful death can have on your life.
Based in San Diego and serving clients throughout California, our San Diego injury firm is dedicated to providing compassionate, personalized, and effective legal representation to help you seek justice and secure the compensation you deserve. With a commitment to thorough investigation and aggressive advocacy, Jared J. Drucker is here to support you through this difficult time, guiding you every step of the way. Contact us today for a free consultation and let us start to handle your wrongful death claim.
Why Choose Jared J. Drucker For Your Wrongful Death Claim
Selecting the right attorney to handle a wrongful death claim is crucial for securing justice and the compensation you deserve. Here’s why Jared J. Drucker is the right choice:
- Compassionate and Personalized Attention: Jared J. Drucker understands the emotional pain and financial hardship that come with losing a loved one due to wrongful death. Our team will provide you with compassionate, personalized attention and the support you need during this difficult time.
- Proven Experience: With extensive experience handling wrongful death cases, Jared has a deep understanding of the laws governing wrongful death claims. Jared J. Drucker has a proven track record of securing significant settlements and verdicts for his clients, providing families with the financial support they need to move forward.
- Aggressive Advocacy: Jared is committed to fighting tirelessly on your behalf. Whether negotiating with insurance companies or representing you in court, he advocates aggressively to secure the maximum compensation for your loss, including funeral expenses, lost income, and emotional suffering.
- Client-Centric Approach: At The Law Office of Jared J. Drucker, the focus is always on the client. As a smaller firm, our approach centers on understanding your unique situation and tailoring the legal strategy to meet your specific needs. We strive to make the legal process as smooth and stress-free as possible.
Why Professional Legal Representation Is Essential In A Wrongful Death Claim
Facing a wrongful death claim is a complex and emotionally charged process. Here’s how professional legal representation can be essential to your claim:
- Understanding of Wrongful Death Laws: Wrongful death claims involve intricate legal procedures and specific statutes. Our team understands these laws and can ensure all legal requirements are met, from filing deadlines to evidence submission.
- Comprehensive Case Building: Jared J. Drucker will conduct a thorough investigation to gather critical evidence, including medical records, witness statements, and expert testimonies. This meticulous approach is crucial for building a strong case.
- Accurate Valuation of Damages: We can accurately assess the full extent of damages, including funeral expenses, lost income, loss of companionship, and emotional suffering. We’ll make sure you seek the maximum compensation you are entitled to.
- Emotional Support and Guidance: Dealing with the loss of a loved one is emotionally overwhelming. At The Law Office of Jared J. Drucker, we provide you with legal guidance and emotional support throughout the whole process. Our goal is to provide you with the peace of mind to focus on healing while knowing your case is in capable hands.
Many Types of Accidents and Incidents Can Cause Wrongful Death in San Diego
As we start investigating your loved one’s death, we will need to closely evaluate the type of accident they were involved in and the circumstances surrounding their death. This will help your catastrophic injury attorney determine who should be held accountable. Depending on how the death occurred, law enforcement officials may also be investigating. This could hinder our opportunity to move forward with your civil case, especially if prosecutors need to hold onto evidence in order to secure a guilty verdict in criminal court.
However, nearly any type of accident or incident has the potential to result in wrongful death. Anytime one party is responsible for causing the death of another, whether it be through intentional malice, neglect, or accident, you may have grounds for a wrongful death action. Some of the most common types of incidents our clients have reported throughout the years include:
- Fatal car accidents
- Fatal motorcycle accidents
- Fatal work-related accidents
- Swimming pool drownings
- Fatal construction accidents
- Assaults and murders
- Fatal drunk driving accidents
- Medical malpractice
- Nursing home neglect and abuse
- Fatal slip and fall injuries
- Fatalities caused by defective products
These are not the only types of incidents that could potentially cause a wrongful death. No matter how your loved one was killed, if you believe someone else is at fault, we may be able to help you bring them to justice. Do not hesitate to contact our office to explore your options further.
How the Wrongful Death Claims Process Works
Your family may feel intimidated thinking about going to trial or filing a claim against a nationwide insurance company. However, gaining insight into how the claims process works so you understand what to expect next can help you boost your confidence and feel empowered to take steps to bring the liable party to justice. Here is a general overview of how the wrongful death claims process might unfold:
- You hire a San Diego wrongful death attorney.
- Our team begins investigating the cause of your loved one’s death.
- We identify the liable party and preserve valuable supporting evidence.
- Next, we prepare your insurance claim filings and negotiate with insurance adjusters.
- Your case may need to proceed to trial if your settlement from the insurance company does not cover the full value of your losses.
If you can recover the compensation your family is entitled to through an insurance claim alone, you may not need to go to court. This also applies if the liable party is willing to accept responsibility for their actions by offering you a fair settlement outside of court.
Who Can Bring A California Wrongful Death Claim?
California Code of Civil Procedure §377.60 outlines who is eligible to bring a wrongful death claim in California. The statute provides the following:
“A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. (2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. (c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.”
What this outlines is who has the right to bring a wrongful death claim under the statute. Generally, the following parties are able to bring a wrongful death claim under this law:
- Spouse: The surviving spouse of the deceased person.
- Domestic Partner: The registered domestic partner of the deceased.
- Children: The deceased person’s children.
- Heirs Through Intestate Succession: If there are no surviving spouse, domestic partner, or children, others who would be entitled to the deceased’s property through intestate succession, such as parents or siblings, can file the lawsuit.
Damages In A California Wrongful Death Claim
The laws that govern damages for California Wrongful Death Claims are California Code of Civil Procedure §377.61:
“§377.61. In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.”
“§377.34. (a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.
(b) Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.”
What this translates into is that survivors in a wrongful death claim can seek various types of damages to compensate for the financial and emotional losses they have suffered due to the death of their loved one. These damages are divided into two main categories: economic and non-economic.
Economic damages are intended to compensate the survivors for the financial support and benefits lost due to the deceased’s death. These include:
- Financial Support: Compensation for the financial contributions the deceased would have made to the family had they lived. This includes future earnings and potential financial support over the deceased’s expected lifetime.
- Funeral and Burial Expenses: Costs associated with the funeral and burial services of the deceased.
- Loss of Benefits: Loss of benefits such as health insurance, pension plans, and other employment-related benefits that the deceased provided to the family.
- Medical Expenses: Reimbursement for medical expenses incurred by the deceased prior to their death due to the injury that caused the death.
Non-economic damages are intended to compensate for the emotional and psychological impact of the loss. These damages include:
- Loss of Companionship and Society: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support the deceased provided to the survivors.
- Loss of Consortium: Specifically for the spouse or domestic partner, compensation for the loss of intimate relations and partnership.
- Emotional Distress: Compensation for the mental anguish and emotional pain suffered by the survivors due to the death of their loved ones.
Statute of Limitations in Wrongful Death Lawsuits
If your family is considering a wrongful death lawsuit, it is important to take action on your claim as soon as possible. This is because the statute of limitations is rapidly counting down. Typically, as described under California Code of Civil Procedure § 335.1, the statute of limitations will end exactly two years from the date of the decedent’s death. This may seem like more than enough time to move forward with your lawsuit, but it may surprise you just how involved these types of claims can be.
It is imperative that you start working on your case in a timely manner. While it is not our goal to rush you into a legal claim, the fact remains that we need time to speak with witnesses, analyze forensic evidence, and build your case against the liable party. Unfortunately, if the deadline passes and your wrongful death lawsuit has not been filed, you will almost surely lose your right to have your case heard at trial.
Contact Jared J. Drucker To Handle Your Wrongful Death Claim Today
Losing a loved one due to someone else’s negligence is an incredibly difficult experience. During such a challenging time, you need an experienced attorney who can navigate the complexities of a wrongful death claim with compassion and experience. At The Law Office of Jared J. Drucker, we are committed to providing personalized, effective legal representation to help you seek justice and secure the compensation you deserve.
With extensive experience, compassionate support, thorough investigation, and aggressive advocacy, Jared J. Drucker will manage your case with the highest level of competence. Clear communication and a proven track record of securing significant settlements and verdicts demonstrate our dedication to achieving favorable outcomes for our clients.
Contact us today for a free consultation and take the first step toward securing justice and compensation for your loss.