SAN DIEGO WRONGFUL
DEATH LAWYER
Compassionate San Diego personal injury attorneys advocating for loved ones of accident victims who died in accidents caused by others' negligent or reckless actions.
Zero Fees Unless We Win
The death of a loved one is unimaginably painful, especially when it’s due to another person’s negligence. In these moments, securing justice and rightful compensation is crucial.
Our San Diego wrongful death lawyers at RTM Law Firm specialize in holding those at fault accountable, dedicating themselves to your cause with a blend of empathy and expertise. We commit to not only honoring your loved one’s legacy but also ensuring your family’s future is safeguarded.
Let us shoulder the legal burdens during this tough time, allowing you to focus on healing while we fight for the justice your loved one deserves.
Wrongful Death Definition
Wrongful death is a legal term used to describe a situation where a person’s death is caused by the negligent, reckless, or deliberate actions of another individual or entity. This type of claim is brought forward in a civil lawsuit by the deceased’s survivors or estate to seek compensation for losses incurred due to the death.
These losses can include funeral expenses, loss of income and support, loss of companionship, and emotional distress. The aim of a wrongful death claim is to hold the responsible party accountable for their actions and to provide financial support to the bereaved family members.
Wrongful Death Claim vs. Wrongful Death Lawsuit
The terms “wrongful death claim” and “wrongful death lawsuit” are closely related in the context of personal injury law, but they refer to different stages of the legal process. Choosing between a claim and a lawsuit often depends on the success of pre-court negotiations and the need for formal litigation to seek justice and compensation.
Wrongful Death Claim
- Initial Step: Initiated outside of court, it’s a claim filed directly with the responsible party’s insurance company.
- Negotiation Stage: Involves discussions to reach a settlement for compensation, avoiding court.
- Outcome: If settled, the case concludes here. If not, it may escalate to a lawsuit.
Wrongful Death Lawsuit
- Legal Action: File a wrongful death lawsuit in court when the claim doesn’t settle, formally accusing the defendant of causing the death due to negligence.
- Court Process: Includes discovery, motions, and potentially a trial. Both parties present evidence and arguments.
- Resolution: Can end in a court judgment or a settlement at any stage of the process.
Who Can File a Wrongful Death Case in San Diego?
In San Diego, as in the rest of California, the ability to file a wrongful death case is limited to specific individuals closely related to the deceased. Under California law, the following parties are typically eligible to file:
- Spouses or Domestic Partners: The surviving spouse or registered domestic partner of the deceased can file a wrongful death claim.
- Children: The deceased’s children are eligible to file a claim. If there are no children, any grandchildren can file the claim.
- Dependent Stepchildren and Parents: If they were financially dependent on the deceased, stepchildren and the parents of the deceased can also file a claim.
- Legal Dependents: Any person who was financially dependent on the deceased, including a putative spouse (someone who believed in good faith that they were married to the deceased) and the children of the putative spouse, may be eligible.
- Representative of the Estate: In some cases, the executor or administrator of the deceased’s estate can file the lawsuit on behalf of the eligible survivors.
This list is not exhaustive, and other relatives or financial dependents may also have the right to file under certain circumstances. Given the complexities of wrongful death claims, consulting with a San Diego wrongful death lawyer can help clarify who in your specific situation is eligible to file a claim and pursue compensation for the loss of your loved one.
Have you lost a loved one in San Diego
due to another’s negligence?
Waiting will hurt your case.
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Why Entrust Your Loved One Cases To RTM Law's San Diego Wrongful Death Lawyers?
Expertise You Can Rely On
At RTM Law, our San Diego wrongful death attorneys are backed by a wealth of experience, including medical and legal experts who deeply understand California’s personal injury laws. This expertise ensures we adeptly manage even the most complex wrongful death cases.
Personalized Legal Support
We recognize the uniqueness of each wrongful death case. Our team offers customized legal strategies, prioritizing your needs and ensuring you’re supported every step of the way.
Record of Success
With a history of securing significant settlements and verdicts in California wrongful death actions, our San Diego personal injury attorneys are committed to achieving the justice and compensation you deserve in San Diego.
Have you lost a loved one
due to another’s negligence?
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Client Success Stories
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San Diego Wrongful Death Lawyer: FAQs
It’s essential to consult with a knowledgeable San Diego wrongful death lawyer as soon as possible. An experienced attorney can evaluate your case, advise you on your legal options, and help you navigate the complex legal process.
Claimants may recover damages for funeral and burial expenses, lost income and financial support, loss of companionship and affection, and in some cases, punitive damages against the wrongdoer.
Yes, economic contributions are just one aspect of wrongful death claims. Non-economic damages, like loss of companionship, can also be significant factors in these cases.
Yes, California follows a “comparative fault” rule, which means a wrongful death claim can still be pursued even if the deceased was partially responsible for their own death. The compensation awarded can be reduced proportionally to the deceased’s percentage of fault.
Not always. Many wrongful death claims are settled out of court through negotiations between the claimant’s attorney and the defendant or their insurance company. However, if a fair settlement cannot be reached, going to court may be necessary to seek justice and compensation.
Hiring San Diego wrongful death attorneys is usually based on a contingency fee arrangement:
- Contingency Fee: You pay no upfront fees. Attorney fees are a percentage of the settlement or verdict, typically between 25% to 40%.
- No Recovery, No Fee: If there’s no financial recovery, you generally owe nothing in attorney’s fees.
- Expenses: Some cases incur additional expenses, which may be paid from the settlement or verdict.
Always discuss fee structures and potential costs during your initial consultation for clear understanding.
Have you lost a loved one
due to another’s negligence?
Free consultation. No fees until we win.
File a Wrongful Death Claim in San Diego. Contact the Experienced San Diego Wrongful Death Lawyer at RTM Law Firm. Free Consultation.
Families of those who have lost a loved one due to the negligent or wrongful actions of another person or entity often struggle with both emotional and financial burdens. To seek justice and provide for their future, it is important for families to hire an experienced San Diego wrongful death lawyer.
Different types of wrongful death cases can arise from a variety of situations that require expertise in both legal matters and the specific circumstances surrounding the death. Hiring an experienced personal injury attorney who specializes in wrongful death cases can greatly increase the chances of a successful outcome.
RTM Law Firm is a San Diego wrongful death law firm with years of experience handling wrongful death cases. Let us help you understand your legal rights and fight for the compensation you and your family deserve.
Millions of Dollars Recovered for Accident Victims
Our California personal injury law firm has consistently obtained maximum outcomes and recovered millions for our clients
RTM WINS
$5,000,000
Global Settlement
Trucking Accident
RTM WINS
$2,000,000
Wrongful Death
Auto Collision
RTM WINS
$1,000,000
Global Settlement
Auto v. Truck
RTM WINS
$900,000
Car Accident
Auto v. Auto
RTM WINS
$485,000
Rear End Auto Collision
Involving Mild Brain Injury
RTM WINS
$425,000
Motorcycle Accident
Motorcycle Collision
RTM WINS
$425,000
Trip and Fall
Incident at Apartment
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We Help Accident Victims File
a Personal Injury Claim in San Diego, California
Our San Diego personal injury attorneys handle a wide range of personal injury claims
in several areas, including:
- Altadena
- Balboa Park
- Bankers Hill
- Barrio Logan
- Broadway
- Burlingame
- Cherokee Point
- Chollas View
- Chula Vista
- Mission Valley
- North Park
- Normal Heights
- Oceanside
- Coronado
- Corridor
- Cortez Hill
- Downtown San Diego
- East Village
- Embarcadero
- Encinitas
- Gaslamp Quarter
- Grant Hill
- Pacific Highway
- Poway
- Shelltown
- Sherman Heights
- Harborview
- Hillcrest
- Lemon Grove
- Little Italy
- Logan Heights
- Marina
- Marston Hills
- Middletown
- Mission Hills
- Southcrest
- South Park
- Stockton
- University Heights
Our Location
RTM Law, APC Personal Injury Attorney
San Diego, CA 92108
(858) 330-3314