San Diego Wrongful Death Lawyer
The pain and grief involved in losing a loved one is unbearable. If you have lost someone before his or her time due to the negligence or wrongful act of another person, you may be able to file a wrongful death lawsuit for financial compensation. We understand how these catastrophes can affect people and their families. We work exceptionally hard to obtain extraordinary results for our clients. Foldenauer Law Group has collected millions in verdicts and settlements for our clients and you can trust us to help you through this difficult time and obtain the justice and financial compensation you need and deserve.
Who can file a wrongful death claim?
Not everyone can file a wrongful death claim. Under California Code of Civil Procedure Sections 377.60-377.62, a surviving spouse or domestic partner or the decedent’s children can file a claim. If there is no surviving spouse, domestic partner, or children, then other dependents of the decedent, a putative spouse, children of the putative spouse, stepchildren, and parents may be able to bring a wrongful death case. However, only one lawsuit per wrongful death is allowed.
What are the necessary elements for a wrongful death lawsuit?
In addition to being a survivor of the decedent, the cause of the person’s death must have been the result of negligent or intentional harm by another. This can come in many forms, but the most common are car and truck accidents, airplane accidents, motorcycle accidents, medical malpractice, defective products, and unsafe working environments. Additionally, the deceased’s estate must be represented by a designated individual.
What damages are available in a wrongful death case?
Compensation for wrongful death actions are always different, but generally include monetary compensation to cover costs and emotional needs such as:
- Medical expenses caused by the accident-related death.
- Funeral expenses.
- Loss of income.
- Noneconomic damages for emotional damage, such as pain and suffering or loss of companionship, resulting from the victim’s death. However, in California, there are caps on how much noneconomic compensation a plaintiff can recover.
- Everything Matters
- Foldenauer Law Group has recovered millions of dollars in settlements and awards for our clients. We have built our success on nearly 20 years of experience as Plaintiff’s only injury attorneys, and have a proven ability to recover maximum damages. It’s no accident. We work exceptionally hard to obtain extraordinary results.
- Our attorneys go far beyond the standard methods normally used in personal injury cases. We conduct a complete investigation of the accident which includes visiting the accident scene, photographing and preserving evidence, measuring distances, calculating speeds, G forces, and interviewing witnesses. We take the time because well-documented facts build better liability cases. When needed, we utilize testimony from leading experts, such accident reconstructions, medical doctors, forensic accountants and economists for our winning team.
- We seek out creative recovery solutions, which includes collecting from all individuals and entities that have responsibility for the accident – not just the one obvious defendant. When an insurance company refuses to make a fair settlement on a case – we do not cower. We are always ready to take our cases to trial. We have the financial resources needed to fund our cases. This puts our injury clients on a level playing field with even the largest insurance companies. We are very proud of our winning trial record and believe it gives us extreme credibility when negotiating large settlements with insurance companies.
- We are not a “personal injury mill” that focuses on the quantity of injury cases it handles. We are selective. We limit the number of injury cases we accept at any given time to ensure that our clients’ cases receive the extra time and effort needed to achieve extraordinary results.
- To us – everything matters.
- Contact a Top-Rated Wrongful Death Attorney
- If you or someone you know has lost a loved one as a result of another’s negligence or wrongdoing, please call us today at (619) 564-8877 to learn more about how we can help. We will provide a free in-person consultation, listen to all of your questions and concerns and develop a winning strategy to maximize recovery and compensation. There are no up-front fees or costs. We do not charge until we win your case. We look forward to earning your trust and the honor of being your attorneys.