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If you received the devastating news that a loved one died in a Carlsbad accident, your world may turn upside down. It is not uncommon after receiving the tragic news to start questioning what happened to cause your loved one’s death.
If you learned that your loved one died due to the negligent actions of another person, you may qualify to file a wrongful death lawsuit. A Carlsbad wrongful death lawyer from Gomez Trial Attorneys can help you through this difficult time. Call us now for a free case evaluation at (619) 237-3490, or contact us online to learn more.
Everyone has a right to reach their destinations, to seek medical treatment, and to report to work without experiencing life-ending injuries. When someone is negligent in the death of another person, it generally means that the negligent individual failed to exercise due care. The failure to use care around others is a form of negligence that demands accountability.
Fatal accidents happen in a second, leaving a void in your life forever. Here are just a few examples of how a loved one may die from serious injuries—either instantly or after transport to a medical facility:
The California Department of Highway Safety reports that approximately 3,582 people died in traffic accidents during one recent year. Carlsbad sees as few as 21 and many as 75 injury collisions every year.
Traffic accidents that result from negligence typically involve one or more of the following types of negligent behaviors:
Distracted driving – According to the Centers for Disease Control (CDC), there are three main forms of distraction:
Texting behind the wheel involves all three forms of distraction, according to the CDC. Research by the AAA Foundation for Traffic Safety found that people who text while driving are up to eight more times likely to crash. The CDC estimates that approximately 9 people die each day due to crashes involving distracted drivers. If a distracted driver caused an accident that led to your loved one’s death, a member of our team can review your case for free.
Drunk driving – Drunk driving continues to plague Carlsbad’s highways and city streets as people take chances after drinking. We’ve seen as many as 57 DUI arrests in Carlsbad in one year and as many as 14 alcohol-related collisions—and maybe that doesn’t seem like much till you realize we live in a city of only about 13,000 persons.
The blood alcohol concentration (BAC) level of 0.08 percent is the legal limit in California for most drivers. According to the National Highway Traffic Safety Administration (NHTSA), impairment can begin at a level as low as 0.02 percent, depending upon a person’s body weight.
Underage drinking and driving is another form of drunk driving that can kill. The California Zero Tolerance Law strives to discourage underage drinking with stiff penalties and a BAC level of 0.01 percent or higher to be applied to those under the age of 21. In 2018 NHTSA reported that there was approximately one fatality every 58 minutes, and more than 10,000 people died as the result of a drunk driver in the same year. If the driver who killed your loved one was drunk—or under the influence of illegal substances—contact Gomez Trial Attorneys as soon as possible to learn if you have a wrongful death case.
Aggressive driving – Short tempers and busy schedules can lead to aggressive driving, which in turn, can escalate into road rage.
AAA lists the following types of driving behaviors as examples of aggressive driving:
Statistics from AAA show that red-light running is at a 10-year high. More than two people are killed every day in the United States by drivers racing through an intersection on a red light. Approximately half of those killed are passengers or people in other vehicles.
Aggressive driving can evolve into road rage. This particularly aggressive form of driving can involve dangerous behaviors like deliberately running a vehicle off the road. If this is the tragic way your loved one died, take action to hold the responsible person accountable for your loss.
Drowsy driving – Busy schedules and undiagnosed sleeping disorders can lead to dozing off behind the wheel. The National Highway Traffic Safety Administration (NHTSA) reports that more than 700 people died as a result of drowsy driving in 2017. The true number of deaths caused by drowsy driving is not known due to the fact it is often underreported in crash data.
No matter what caused a driver to crash into and kill your loved one, your unexpected loss is not fair. When your loved one did not return home due to a driver who abused the privilege of a California driver’s license, it is time to contact a Carlsbad wrongful death lawyer.
Serious medical mistakes and intentional acts are two additional ways that you can lose a loved one due to the careless and/or dangerous actions of another person.
Intentional acts – An intentional act that results in the death of your loved one may qualify you for a wrongful death lawsuit. Pursuing civil action for your loss is a separate matter from any criminal charges or case. Whether your loved one died suddenly due to intentional violence or died later as a result of his or her injuries, you may have a civil case. Any possible compensation will not replace your loved one. It can, perhaps, ease the financial stress caused by the loss of your loved one.
These are just a few examples of the tragic ways in which you can lose a loved one due to negligence. Losing a loved one due to nursing home neglect or abuse is another example of how a loved one can die at the hands of another person. Wrongful death law is often challenging, always emotional, and certainly confusing for someone without legal knowledge. At Gomez Trial Attorneys, we understand what a trying time this is for you and your family.
We treat our clients with the same type of care we would expect in a similar situation—with compassion, empathy, and respect. Our team firmly believes in keeping the lines of communication open by welcoming questions and providing case updates. If you lost a close loved one due to the careless actions of another person, we may be able to provide legal representation for you. We take the burden of your civil case off your shoulders and take the lead in your fight for justice. To learn more about how we can help you, call Gomez Trial Attorneys now for a free case evaluation.
There are essential facts when it comes to filing a wrongful death lawsuit in California.
One of the most important factors is who may file such a lawsuit. California law generally allows for the following family members to file wrongful death cases:
This is just a quick summary of the more common types of family members who pursue compensation. If you are unsure if your relationship to the victim qualifies you for a wrongful death lawsuit, a member of our team can help you.
Another important factor for a wrongful death lawsuit is the statute of limitations. You must meet this deadline to preserve your rights to make a claim, so contact an attorney as soon as possible. If you miss filing your case on time, you may miss your opportunity for possible compensation forever. Contacting a Carlsbad wrongful death lawyer is the recommended path to ensure you meet all court deadlines.
Protecting your pursuit of possible compensation means being mindful of insurance companies. Filing a claim is often a common first step that leads to negotiations for a fair settlement. If negotiations are unsuccessful, we go to trial.
Insurance companies are often large corporations that want to protect their best interests. An initial settlement offer from them may delight you, and you may feel tempted to accept it. During this time of immense grief, you are most vulnerable to making the wrong decision when it comes to a settlement.
You can help your wrongful death case by hiring Gomez Trial Attorneys and referring insurance companies to your lawyer. Do not discuss your case with anyone from the insurance company and do not sign any documents. A lawyer from our team can protect your best interests by handling negotiations on your behalf.
The amount the insurance company offered is most likely the least amount possible. Seeking fair compensation is vital to settling your loved one’s estate and for moving forward after his or her death. Protect your right to fair compensation by securing legal representation today.
Each wrongful death case is different and the outcome differs depending upon the circumstances involving your loved one’s death.
Types of damages typically awarded in wrongful death cases include:
Some damages are easier to monetize than others. Medical costs, for example, are economic damages with finite costs. A loss of companionship is a noneconomic cost that is monetized. Your loved one was most likely priceless to you and converting that into an actual cost is where we can help you.
At Gomez Trial Attorneys, we thrive in a courtroom environment. If we cannot settle your case out of court, we are ready to go to trial. Our team will not stop until we reach the best possible outcome for your case. Your loved one would most likely still be here with you if it was not for the negligent actions of another person. If someone failed to use care behind the wheel, in a medical setting, or other dangerous situation, contact us today for a free case evaluation.
Injured in an accident? Get a real trial lawyer. Get Gomez.
If you have suddenly lost a loved one, you and your family are going through a difficult time. Some days, your grief might overwhelm you, making it difficult for you to function. Other days, you might feel anger, especially when you know the death of your loved one was preventable. Losing a loved one due to intentional harm or negligence adds more emotional suffering to the grief families already experience with such a tragic loss.
Making matters worse, the loss of a loved one also leads to financial hardship for some families, especially if the deceased provided most of the household income. Fortunately, California law permits eligible family members to take legal action when a wrongful death occurs.
If you are unsure about your next steps after losing a loved one, you need to contact an experienced Carlsbad wrongful death lawyer at Gomez Trial Attorneys. We can review your case and advise the best path forward for you and your family. Until you have the opportunity to consult with an attorney, this guide offers answers to some questions you might have about wrongful death claims in Carlsbad.
Not all sudden and tragic deaths qualify as wrongful death. A wrongful death happens when someone dies from willful harm or negligence. Under California law, eligible family members can bring a lawsuit against the allegedly responsible individual, company, government entity, or another party. Courts and lawyers refer to these lawsuits as wrongful death actions or wrongful death claims. Families who prevail in these claims receive compensation for the loss of their loved ones.
Many dangerous scenarios cause fatalities and give rise to a wrongful death action.
Some examples of events commonly associated with wrongful death lawsuits include:
Under California’s Code of Civil Procedure, eligible family members have two years to bring a lawsuit against those who allegedly cause the death of their loved one. However, if you are taking legal action against the city of Carlsbad or the state of California, you only have six months to file a wrongful death claim. Minor children who lose one or both parents due to wrongful death have an extended statute of limitations because the law does not expect them to take action while underage. The two-year time limit begins on their 18th birthday. Different time limits can apply to different wrongful death scenarios.
It’s in your best interest to contact our wrongful death attorneys as soon as possible to ensure you do not miss any applicable deadlines. California courts must comply with the statutes of limitations and typically do not hear a case once the time limit has expired, making it imperative that you take action sooner than later. If you fail to bring the lawsuit within the statute of limitations period, you will likely lose the opportunity to recover losses related to your family member’s death.
Under California law, only specific family members have the legal right to file a wrongful death lawsuit after losing a loved one.
If the deceased family member financially supported their parents or stepchildren, they also have the legal right to file a wrongful death lawsuit. California allows eligible family members to directly sue the allegedly at-fault party for wrongful death. However, a representative of the estate of the deceased can also bring a wrongful death action on behalf of one or more family members.
California does not require you to approve an autopsy to bring a wrongful death lawsuit against an allegedly liable individual, business, or another entity. However, your attorney will likely advise you to consent to an autopsy of your loved one’s body. Autopsies serve as valuable evidence for wrongful death actions because they typically provide a conclusive cause and time of death, helping establish financial liability for your loss.
If the cause of death is clear, you might not need an autopsy. Yet, in cases involving defective medical devices, autopsies are almost always necessary to establish causation and liability.
It’s impossible to provide an exact timeframe for resolving your wrongful death claim. Each case is different and a wide range of factors impact the time needed for settlement or litigation.
Some considerations that affect how long you will have to wait for a resolution include:
Surviving family members who bring a wrongful death suit in Carlsbad could receive compensation for the following damages related to the loss of their loved one:
When families lose a loved one due to wrongful death, California law gives them the right to take two routes to recover damages related to their loss. Typically, families file a wrongful death claim in conjunction with a survival claim. California courts do not award punitive damages in wrongful death actions, but compensation for survival actions sometimes includes punitive damages.
You can think of a survival claim as a lawsuit that seeks compensation for losses your loved one could have sued for if he or she did not die from fatal injuries. A personal representative of the estate of the deceased brings a survival claim on behalf of your loved one. Survival claims deal with the losses and damages between the time of injury and the time of death. Representatives cannot bring survival claims when someone dies immediately from a fatal injury.
If the estate prevails in a survival action, the court could award:
Criminal prosecution and civil actions, like wrongful death lawsuits, are two completely different legal processes with separate outcomes. A jury decides guilt for a crime in a criminal case and must be certain beyond a reasonable doubt. The State of California brings charges against the person. A conviction has many potential consequences, including jail time, fines, community service, and other court-mandated things. You may testify in a criminal case, but you will not receive compensation.
In a civil action, a jury decides if the defendant is responsible for your loved one’s death based on a preponderance of the evidence, which is a lower standard of proof than beyond a reasonable doubt. A verdict in favor of the plaintiff in a civil case means the defendant is financially responsible for damages related to your loved one’s wrongful death. Both legal processes are a form of justice, but they serve two different purposes.
Not all fatal injuries are a result of a wrongful act. To win your wrongful death case:
Our Carlsbad wrongful death lawyers can help you do all of the above.
When abuse, assault, or violence leads to the death of a loved one, you likely have a viable wrongful death claim. In other cases, your attorney needs to review the facts of your case to determine your eligibility to file a wrongful death claim. Traffic collisions, workplace accidents, and other situations that lead to death are not always clearly wrongful death. Your attorney will evaluate your case and decide if they can prove the elements listed above. If the elements are there, it’s likely your attorney will advise you that you have a viable wrongful death claim.
Yes, you can afford to hire our wrongful death attorneys when your loved one has died due to someone else’s negligence.
Our Carlsbad wrongful death law firm offers free case evaluations for potential clients to discuss the circumstances of their loved one’s death. If you have a viable wrongful death claim and choose to hire a lawyer, you do not have to pay out-of-pocket for legal counsel.
Our Carlsbad wrongful death law firm also takes cases on a contingent fee basis. Instead of paying an upfront retainer, you agree to let your lawyer deduct attorney fees from any compensation he or she secures for you in a settlement or jury award.
Time is a precious commodity when it comes to civil cases. The moment when your loved one dies is the moment the statute of limitations begins for your civil action.
At Gomez Trial Attorneys, our Carlsbad personal injury lawyers can carefully review all evidence associated with your case. Preparing for firm negotiations and a possible trial takes time. Collecting police and medical reports, reviewing photos and videos, and interviewing witnesses are just a part of what we do.
We understand that the financial stress you feel from the loss of income grows each passing day. The cost of a funeral alone can reach into the thousands of dollars—an expense that many people have not planned for. A phone call or knock at your door informing you of the death of your loved one changes your life. Processing the news, informing others, and planning a funeral or memorial service can be overwhelming. Learning your loved one’s death was most likely preventable is especially upsetting.
If this happened to you, a Carlsbad wrongful death lawyer from Gomez Trial Attorneys stands ready to help you. We understand California law and how it applies to cases involving wrongful death. We investigate what caused your loved one’s death, and we identify those liable for your loss.
Let us handle the insurance companies so that you can better focus on remembering your loved one. Call us for your free case evaluation at (619) 237-3490, or contact us online now to discuss your legal options.
Gomez Trial Attorneys
603 N. Highway 101
Carlsbad, CA 92075
Phone: (858) 400-4333
No Fees Unless We Recover Money On Your Behalf