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Filing a Wrongful Death Lawsuit After a Car Accident in Little Italy, San Diego

— November 2, 2022

Another important damage is the cost of medical treatment that a deceased loved one might have incurred on their deathbed.

Losing a loved one in a car crash is one of the most tragic situations anyone can deal with. Unfortunately, this situation is also somewhat common in San Diego, with a reported 130 fatalities occurring in 2021 alone. These situations can become even more distressing when you know someone else is to blame for your loved one’s passing, such as a drunk driver, a street racer, or someone who was texting and driving. If you find yourself in this situation, you can file what is known as a “wrongful death lawsuit” to receive compensation for your loss. But what exactly is a wrongful death lawsuit in California, and when can you file one?

Who Can File a Wrongful Death Lawsuit in California?

Not everyone can file a wrongful death lawsuit on behalf of a family member in California. In order to do this, you must be closely related to the victim. Most of the time, the spouse files the wrongful death lawsuit. However, the lawsuit may also be filed by the children or the parents of the victim. Under California law, it is also acceptable for dependent minors living in the household to file wrongful death lawsuits on behalf of any adult victims living in the household. Going down the line, you can file a wrongful death lawsuit if you are the only remaining heir to the estate. If that doesn’t work, the next of kin may be able to file this type of lawsuit. Finally, if no one else is available, the personal representative of the deceased individual’s estate may be able to file the lawsuit. 

What Damages Are Available in a Wrongful Death Lawsuit?

When you file a lawsuit, you’ll need to show that you suffered legitimate damages as a result of your loved one’s death. For spouses that were depending on their loved one for income, one of the most important damages is lost wages. A settlement can provide you with financial support if your family has lost the primary breadwinner, and this support can continue long into the future.

Deadly Synthetic 'ISO' Implicated in At Least 19 U.S. Deaths
Photo by Gabriel on Unsplash

Another important damage is the cost of medical treatment that a deceased loved one might have incurred on their deathbed. Perhaps an expensive surgery was required in an effort to save your spouse, and despite the doctors’ best efforts, this surgery could not save them. A settlement ensures that you’re not stuck with the medical bills. Finally, a wrongful death lawsuit may provide compensation for emotional distress and funeral expenses. 

Where Can I Find an Accident Attorney in Little Italy, San Diego?

If you’ve been searching for a qualified, experienced accident attorney in Little Italy, look no further than Jeffrey Estes, Injury Lawyers. We have been helping injured plaintiffs in San Diego County for many years, and we know how life-changing fatal car crashes can be for families. With our help, you can pursue justice and compensation by filing a wrongful death lawsuit. Book your consultation today, and you can immediately get started with an effective action plan. 



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