San Diego Wrongful Death Lawyer
Wrongful Death Attorneys in San Diego, California
Life is unpredictable, and its uncertainty can sometimes bear an unimaginable weight. When a loved one is suddenly taken from us due to another party’s negligence, grief can be compounded by a multitude of questions and a deep longing for justice. In such cases, a San Diego wrongful death lawyer can be an invaluable ally.
At Setareh Law, we dedicate our time, energy, and experience to helping grieving families seek justice. Our team of experienced wrongful death lawyers works diligently to ensure that your case is handled with the utmost care and attention it deserves. We understand the immense pain and confusion that come in the wake of wrongful death. Our goal is to lift the legal burden off your shoulders so that you can focus on healing.
Common Types of Wrongful Death Events
Wrongful death can stem from a variety of unfortunate events. Understanding these is crucial, as it can give San Diego families a clear understanding of their rights and potential legal pathways.
Sometimes, auto accidents may result in fatal consequences due to the negligence of a driver. Drivers may exhibit reckless behavior on the road, such as speeding, tailgating, or texting and driving. Any of these scenarios can result in a fatal car crash, which can be grounds for a wrongful death suit.
Property owners are obligated to ensure the safety of their premises for residents, workers, and visitors. However, poor maintenance, such as slippery floors, unstable structures, or poorly lit areas, can lead to fatal accidents. Similarly, hazardous conditions, such as uncovered pools or open pits, can also cause severe injuries leading to death. In such cases, the property owner can be held responsible for wrongful death.
Pedestrians in San Diego are particularly vulnerable and face a higher risk than other road users. Negligent drivers can cause fatal accidents involving pedestrians through behaviors such as speeding, failing to yield at crosswalks, or not paying attention to the road. These unfortunate incidents can have catastrophic results, leaving a family to grieve the loss of a loved one and potentially pursue a wrongful death claim.
How Wrongful Death Liability is Determined in San Diego, California
In California, the principles that govern wrongful death liability can be complex. It is based on certain key factors that must be proven for a successful claim.
Duty of Care
This concept refers to a legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
For instance, drivers have a duty of care to other road users to drive safely and obey traffic laws. In a wrongful death claim, it must be established that the defendant owed a duty of care to the deceased individual.
Breach of Duty
Once the duty of care is established, it must be proven that the defendant breached this duty. A breach is a violation of the duty of care, meaning that the defendant failed to act in a way that a reasonably prudent person would have acted in the same situation.
This can be due to action or inaction. For example, if a driver was intoxicated and caused an accident that led to a death, they have breached their duty of care to drive safely.
Proving causation involves demonstrating a direct link between the defendant’s breach of duty and the death of the victim. Simply put, the plaintiff must show that the death would not have occurred if not for the defendant’s negligence.
Causation can be complex to prove, particularly in cases where multiple factors may have contributed to the death. However, it is a crucial component in a wrongful death claim, and it often involves complex legal and medical terms that rely on expert interpretation.
The plaintiff must be able to demonstrate that they have suffered damages as a result of the wrongful death. Damages can be economic, such as medical bills, funeral expenses, and loss of the deceased person’s expected earnings. They can also be non-economic, such as pain and suffering, loss of companionship, and emotional distress. The aim is to quantify the financial and emotional impact of the death on the survivors.
Contact Setareh Law Today For Help With Your Wrongful Death Case
The intricacies of a wrongful death case are the last thing you should be wrestling with while in the grieving process. You need someone who not only understands the law but also recognizes the depths of your loss. At Setareh Law, we believe in justice and holding the responsible parties liable for their actions.
Our San Diego injury lawyers are committed to standing beside you throughout this challenging journey. We approach every case with a deep sense of empathy and a firm resolve to fight for your rights. If you’ve been touched by a wrongful death, reach out to us online or call us at (310) 659-1826 to discuss your case, explore your options, and start the process of healing through justice. Our team also speaks Spanish.