The unimaginable grief and loss following the death of a loved one is a heartbreaking experience, especially if it is due to preventable negligence. It can be earth-shattering, making pursuing justice incredibly challenging. This includes navigating the complex legal aspects surrounding a wrongful death claim while struggling to deal with emotional trauma and loss.
If you are experiencing the loss of a loved one due to negligence, the La Mesa wrongful death attorneys at Jassim Law extends our deepest sympathies to those who have experienced the devastating consequences of wrongful death.
Our mission is to provide unwavering support and legal expertise to victims’ families while striving to create safer communities for all. We understand you have suffered a profound loss, and in recognition of the pain, we want to make seeking justice as accessible as possible. This means we want you to focus on healing while we handle everything else.
We extend our empathetic emotional and legal support to help you navigate the aftermath of a wrongful death. We offer home consultations—as well as over video, Zoom, and over the phone—enabling us to connect and provide guidance no matter where you are. Together, let us work towards holding negligent parties accountable and preventing similar tragedies in the future.
Seeking Justice for Your Loved Ones: Who Can File a Wrongful Death Lawsuit in California?
California law acknowledges the importance of holding negligent parties accountable for wrongful deaths. While a wrongful death lawsuit is mainly for compensating the surviving family members for their losses, not everyone is legally qualified to seek such a claim. California Code of Civil Procedure section 377.60 defines the individuals who are able to seek a wrongful death lawsuit, including the following:
- Spouse or Domestic Partner: A surviving spouse or registered domestic partner has the right to file a wrongful death claim.
- Children: The deceased’s children are qualified to pursue a lawsuit for wrongful death.
- Putative Spouse: A putative spouse, an individual who had a good faith belief they were married to the deceased, may be eligible to file a wrongful death lawsuit.
- Children of the Putative Spouse: If the putative spouse has children from the relationship, they may also have the right to bring a claim.
- Parents of the Deceased: Living parents of the deceased may have the standing to file a wrongful death lawsuit.
- Other Dependents: Any other individuals who can prove that they were financially dependent on the deceased, including minor children, may be able to pursue a wrongful death claim.
Due to the complex nature of wrongful death claims, it is in your best interest to work with a La Mesa wrongful death lawyer from Jassim Law to avoid any legal challenges that may arise. We are here to fight for justice on behalf of your loved one and bring about a sense of closure.
Seeking Closure and Compensation: Understanding Damages in a California Wrongful Death Lawsuit and Survival Actions
The purpose of a California wrongful death lawsuit is to compensate surviving family members for the damages they have suffered due to the untimely death of a loved one.
Additionally, the law permits the estate of the deceased to seek compensation for damages the deceased suffered prior to death by California Code of Civil Procedure Section 377.30. This is called a “survival action.”
Unlike a wrongful death claim, a survival action enables the deceased’s estate to seek damages the deceased sustained before death, including medical expenses, lost wages, and even pain, suffering, and other non-economic damages incurred prior to death.
Specific damages may vary as every case is unique. The following are common types of damages that can be pursued:
- Financial Losses: Includes the loss of financial support the deceased would have provided to the family, such as income, benefits, and future earnings.
- Funeral and Burial Expenses: The costs associated with the funeral, burial, or memorial services can be included in the economic damages sought.
- Loss of Companionship, Care, Love, Protection, Affection, Society and Moral Support: Compensation for the emotional impact and loss of love, companionship, and emotional support resulting from the wrongful death.
- Loss of Guidance and Mentorship: If the deceased provided guidance and mentorship to their surviving children, damages may be sought to address this loss.
- Emotional Distress: The mental anguish, sorrow, and emotional suffering experienced by the surviving family members can be considered for compensation.
- Loss of Household Services: Damages can be sought for the value of the household services that the deceased would have provided, such as childcare, housekeeping, or maintenance.
- Loss of Enjoyment of Sexual Relations (if applicable)
- Punitive Damages: In cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. However, it’s important to note that punitive damages are not awarded in every wrongful death case and require a higher burden of proof.
At Jassim Law, we know the suffering you are going through, and we are here to offer our unwavering support and guidance. Contact a La Mesa wrongful death attorney as soon as possible to gather evidence, negotiate with insurance companies, and advocate for your rights. We provide the compassionate and personalized attention you deserve every step of the way.
How a Wrongful Death Attorney Can Help You
Losing a beloved family member in a wrongful death incident is shattering and leaves you feeling uncertain about the legal steps to take. During such challenging times, a compassionate and knowledgeable La Mesa wrongful death lawyer will provide vital support.
In many cases where an individual was wrongfully killed, they did not have an opportunity to inform investigating authorities how an accident occurred due to the severity of their injuries. This means the deceased could not tell their side of the story, whereas the at-fault could easily point the blame onto the deceased person.
Here’s how Jassim Law can help:
- Thoroughly investigating every detail of your case IMMEDIATELY
- Collecting and preserving vital evidence and witness statements
- Using physical evidence to learn and describe how your loved one was injured or killed
- Hiring the best experts in your case requires
- Going to the scene and reconstructing how the accident occurred
- Securing any evidence, surveillance video, photos, and witness statements
- Helping you organize medical bills and other expenses
- Ensuring your loved one receives the best medical care, no matter what health insurance coverage you may or may not have
- Filing all paperwork correctly and on time
- Advocating aggressively for your rights and interests inside and outside of court
- Supporting you through every step of California’s claims process
- Preserving and pursuing “survival actions.”
- Determining if the negligent party was on the job at the time of the accident
- Determining whether additional parties or entities are at fault
- Answering your legal questions
- Keeping you updated on the status of your case
- Negotiating with all parties on your behalf
At Jassim Law, our compassionate La Mesa wrongful death lawyers provide legal guidance, support, and expertise during this difficult time, allowing you to focus on healing while we fight on your behalf.
Secure Fair Wrongful Death Compensation with the Help of Jassim Law
Losing a loved one is an unthinkable tragedy, especially if the loss is due to someone else’s negligence. In California, certain individuals may pursue a wrongful death lawsuit to obtain justice and compensation for their losses. At Jassim Law, we empathize with the pain you have endured and are committed to navigating the legal complexities involved.
You do not have to face the aftermath of a wrongful death alone. The legal team at Jassim Law is here to provide compassionate support, unmatched expertise, and over 20 years of experience in advocating for California clients. Our principal attorney, Attorney Pajman Jassim, is a graduate of a prestigious national trial advocacy college and has been recognized as a SuperLawyer Rising Star and SuperLawyer for multiple years through 2023.
With our successful track record of success, achieving numerous 7-8 figure recoveries against formidable defendants and government entities, we have the skills and knowledge to fight for you. Apart from seeking compensation, we are dedicated to keeping communities safer and empathizing with accident victims and their families. Contact us today for a free consultation through our contact form or call (619) 554-0624 to stand by your side, ensuring justice is served.