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If you received the devastating news that a loved one died in a Solana Beach 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 Solana Beach 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. Solana Beach 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 Solana Beach’s highways and city streets as people take chances after drinking. We’ve seen as many as 57 DUI arrests in Solana Beach 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 Solana Beach 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.
Medical malpractice – A study by Johns Hopkins found that medical mistakes are the third leading cause of death in the United States. Researchers estimate more than 250,000 deaths per year are due to medical mistakes.
An incorrect diagnosis focuses on unnecessary tests, procedures, and medications while delaying a correct diagnosis. If your loved one sought medical care for a health concern and died due to complications from a medical mistake, you may qualify for compensation.
Other examples of medical malpractice can include a birth injury, a prescription mistake, or a never event—an event that “never” should have happened, such as removing the wrong limb during surgery. Uncoordinated care and poor communication among various medical teams also contribute to medical mistakes, according to the research from John Hopkins.
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 Solana Beach 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.
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 Solana Beach wrongful death team 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 Solana Beach 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.
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