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Escondido Wrongful Death Lawyer

Losing a loved one is one of the most devastating and traumatic life events. Unfortunately, the situation can feel even more traumatic if the person dies due to another person's wrongdoing and negligence. In such a case, the family has the prerogative to decide whether or not to file a wrongful death claim and pursue compensation from the at-fault party.

Although monetary compensation does not bring back a lost loved one, it provides partial relief from economic losses associated with the death. If you have lost someone in a wrongful death incident, consider partnering with an expert Escondido wrongful death attorney at Kash Legal to help you get the compensation and justice you deserve.

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California State Laws for Wrongful Death Claims

Unlike most personal injury claims, a wrongful death claim is based on the rights of survivors. California state law has a statute of limitations which places a two-year limit after death to file a wrongful death claim. However, the duration varies depending on the cause, as medical malpractice cases have a one-year limit, and public institution cases have a six months limit. 

Apart from time limits, the relationship with the deceased is another important ground for a wrongful death claim. California law only allows relatives, family members, and heirs to file wrongful death claims.

People eligible for filing wrongful death claims include, in no particular order:

Parents of the deceased for minor children

Dependent parents of the deceased adult

The deceased's minor child or children

The spouse (husband, wife, or partner) of the deceased

Heirs or other financial dependents of the deceased

Siblings or close relatives of the deceased

Estate Representative

The people mentioned above serve as the decedent’s representative during the wrongful death claim. Working with an expert attorney will help determine if you are eligible and qualified to file the wrongful death claim. 

Compensation for Wrongful Death Claims in Escondido

California law allows spouses, relatives, and next of kin of the deceased to pursue damages for wrongful death. Unfortunately, there is no guarantee that the at-fault party or their insurance company will offer adequate compensation. However, partnering with an experienced attorney can help you navigate the filing process to receive adequate compensation. 

Kash Legal wrongful death lawyers put the following into consideration when seeking compensation for damages:

  • Medical expenses incurred before death: Family members are entitled to compensation for medical expenses incurred by the victim for treatment and life-saving procedures within the hospital before their passing. 
  • Loss of deceased future income: In cases where the deceased is the primary financial support, loved ones are entitled to compensation to help pay some bills. 
  • Loss of services offered by the deceased: Loved ones are entitled to compensation over the loss of services such as childcare and elderly nursing provided by the deceased before wrongful death.
  • Loss of guidance/companionship: Survivors who depended on the deceased companionship or guidance, such as their spouses or minor children, can file for damages to receive financial compensation over wrongful deaths. 
  • Funeral costs: Families and loved ones of the deceased have a right to file for compensation over funeral and burial expenses incurred after the death of their loved ones. 
  • Pain and suffering: Families and loved ones of the deceased can also file for damages over pain and suffering due to stress, depression, and other mental and emotional struggles following the death of their loved ones.

You can determine whether you deserve compensation for a wrongful death claim by asking yourself whether the deceased person would file a personal injury claim if they survived. If yes, there is ground for the wrongful death claim.

Wrongful Death Causes

Car accidents: You can file a wrongful death claim for a loved one killed in a vehicle accident by a negligent driver. 

Slip-and-fall accidents: Building owners and managers are at-fault parties if your loved one’s death is caused by a slip-and-fall accident in a building or property due to conditions such as slippery floors and safety violations.

Workplace accidents: You can file a wrongful death lawsuit against the company or organization when your loved one dies because of workplace safety violations and negligence.  

Medical malpractice: Medical professionals’ unethical practices or medical errors can cause patient death, warranting a wrongful death claim. 

Pet attacks: Under California law, pet owners are responsible for their pets. Therefore, if your loved one dies due to a pet’s actions, you can file a wrongful death claim against the pet’s owner. 

Defective products: California laws require manufacturers to create safe and healthy consumer products that comply with regulations. Therefore, if a customer dies using defective products, their loved one has the right to file a wrongful death claim.

Kash Legal’s wrongful death lawyers will help you examine the events associated with your loved one’s death to ensure you have valid grounds to file a wrongful death claim. To obtain compensation from the at-fault party, you must prove liability by providing eyewitness statements, video records, police statements, and financial support records. 

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Turn to a Compassionate Los Angeles Wrongful Death Attorney Today

Contact the Expert Escondido Wrongful Death Lawyers at Kash Legal Today

As much as it adds to stress and trauma following death, filing a wrongful death claim offers loved ones some level of justice for their loss as well as the compensation they need to handle the aftermath. While seeking compensation cannot bring back your loved one, it can help reduce the family’s financial burden.

If you lost your loved one and need to develop a wrongful death claim against the at-fault party, consider partnering with expert Escondido wrongful death lawyers at Kash Legal. We have a professional team who are sensitive and equipped to handle claims with dignity and provide professional and compassionate legal counsel for families. Our expert wrongful death lawyers may help you get the compensation you deserve from the at-fault party or their insurance company. 

Contact us at (888) 527-4128 or fill out our contact form today to schedule a free consultation.

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Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

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I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

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