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Encinitas Wrongful Death Lawyer

If you’ve lost a family member in an accident and you believe someone else’s negligence was the cause of their death, contact a wrongful death attorney in Encinitas to file a claim and seek the compensation your family deserves. 

Losing a family member can be extremely difficult, especially when the death was unexpected. Your family will certainly lean on one another during this grieving period, but you may find it hard to recover fully from the loss when you know that someone else’s negligence caused the accident that resulted in the death. It’s important for the liable party to be held accountable and for justice to be served.

Pursuing a lawsuit can help your family seek justice from the situation, but a lawsuit can also provide your family with helpful compensation. The death of a family member can result in large funeral expenses and possible lost income. An Encinitas wrongful death lawyer from The Kindley Firm, APC, we’ll assist your family in fighting for the money you deserve.

Fatal Accidents That Can Be Classified as Wrongful Death

Any fatal accident can be classified as wrongful death when there is negligence involved. Car accidents, work-related accidents, product defect accidents, and slip-and-fall accidents are some of the common types of fatal accidents that can be attributed to wrongful death.

In a car accident, if a drunk driver kills others in the wreck, the accident would be considered wrongful death. A work-related accident may be considered wrongful death if a worker dies because their employer forced them to work in unsafe conditions. If a defective product results in death, it can be considered wrongful death because the manufacturer was negligent when creating the product.

Who Can File a Wrongful Death Lawsuit?

In the state of California, only certain relatives are allowed to file wrongful death lawsuits. There are rules on who can file a claim because these rules limit the number of wrongful death cases in the court system and they also ensure that the cases coming through are of a genuine nature. The relatives eligible to file wrongful death lawsuits include the following:

  • The spouse of the deceased
  • The domestic partner of the deceased
  • The children of the deceased
  • If there are no surviving family members of the deceased, then the person who would be entitled to the property of the deceased

Recoverable Damages in a Wrongful Death Claim

Your wrongful death lawyer in Encinitas will examine your loved one’s death, as well as the damages your family has suffered after the death. These damages will then be used to calculate your overall claim value.

Economic damages that can be claimed may include any medical expenses incurred before the death, property damages from the accident, funeral expenses, and lost income if the deceased contributed financially to the family. Non-economic damages can include pain and suffering, emotional distress, and loss of life enjoyment.

Reach Out to an Encinitas Wrongful Death Attorney

No one deserves to experience the loss of a loved one because of someone else’s negligent actions. Although no amount of money can take away your pain, a settlement can help your family heal without added financial stress.

If you’d like to speak with an Encinitas wrongful death lawyer from The Kindley Firm, APC, fill out the contact form below or call 619-550-1313 to schedule a free consultation.

  • No fees unless we win
  • No obligation to continue beyond the case review
  • Get all your legal questions answered