When one party is responsible for causing the death of another, the surviving family members may be anxious to demand justice. While the judicial system will be responsible for pursuing criminal charges, with help from a compassionate and dedicated San Clemente wrongful death lawyer from Text Kevin Accident Attorneys, you can pursue civil action.
Our team will closely review the specific details of your case to determine whether you have grounds for a claim, if you have the authority to file a wrongful death action, and how much compensation your family could be awarded if your claim is successful. With our personal injury lawyers advocating for your rights, you can mourn your loss while we handle the investigation, insurance negotiations, and represent you at trial. Contact our legal team to schedule your free consultation today and hold the at-fault party accountable to the fullest extent of the law.
The Elements of a San Clemente Wrongful Death Claim
For any wrongful death lawsuit to be successful, your legal advocate must be able to prove that the elements of negligence have been met as follows:
The defendant owed the deceased a duty of care
The defendant breached that duty of care
The defendant’s breach of their duty of care caused the decedent’s death
The decedent’s surviving family members suffered considerable losses as a result of their loved one’s passing
Tip If you are not sure whether negligence can be proven, the best way to find out is by consulting a knowledgeable wrongful death attorney in San Clemente. Our team can closely evaluate the way in which your loved one was killed to determine whether someone else is or could be responsible. We will then have a better idea as to whether we can move forward with your wrongful death action after listening to your story and examining the evidence at hand.
Compensation Available in Wrongful Death Lawsuits
Under California’s Code of Civil Procedure § 377.61, the decedent’s surviving family members may be awarded compensation for a variety of economic and non-economic damages. Examples of such losses could include:
Loss of household services
Loss of an intimate spousal relationship
Burial and funeral expenses
Loss of the decedent’s financial contributions
Loss of love, support, comfort, affection, and protection
Loss of benefits provided by the decedent
Loss of guidance and advice
Local Results
Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles
Case Type
Car Accident
Location
California
Settlement
$1,045,000.00
Pro Tip Punitive damages will only be awarded in wrongful death claims if the decedent was killed in a felony homicide per California Civil Code Section 3294. If you are interested in seeking punitive damages as part of your wrongful death lawsuit but your family member suffered fatal injuries in another type of accident, we may be able to help by filing a survival action against the liable party under California Code of Civil Procedure 377.30.
The Statute Of Limitations for San Clemente Wrongful Death Claims
There is a strict claim filing deadline you need to prepare for if you hope to move forward with your wrongful death claim. According to California Code of Civil Procedure § 335.1, the statute of limitations for wrongful death lawsuits is set at two years from the date of the decedent’s death. However, there may be limited circumstances that allow this countdown to temporarily pause. This most often occurs when your wrongful death claim involves a party who leaves the state or a minor who loses a parent. Failure to file your claim in time will prevent you from having your case heard at trial.
Note If you are filing a claim against a public entity or government agency, the statute of limitations may be shorter. Under California Government Code Section 911.2, claims against government agencies and officials must be filed within six months of the decedent’s passing.
Who Receives the Compensation Awarded in a Wrongful Death Lawsuit?
Before you file your wrongful death lawsuit you need to make sure you have the authority to file the claim. Under Code of Civil Procedure § 377.60, only the decedent’s surviving spouse, children, or grandchildren may have the right to file a wrongful death claim. If the decedent does not have any of these family members still living, anyone who stood to inherit the decedent’s estate by intestate succession as noted in subsection (a) of the statute above may have the right to file the wrongful death. If you are not sure whether you are entitled to file the lawsuit, do not hesitate to consult our legal advocates for answers. It is important to know that any settlement awarded will go toward the decedent’s surviving family members, specifically those who were financially dependent on the decedent before their passing.
Life is better now!
Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier San Clemente, CA Accident
San Clemente Wrongful Death FAQs
We will not know whether the at-fault party will face criminal charges and be sent to jail for their role in your cherished family member’s death until we have carefully reviewed the specific circumstances of your case. The judicial system and the prosecuting attorney will have the authority to determine whether criminal charges apply. If the individual or entity who caused your family member’s death did so maliciously, intentionally, or in violation of a state or federal law, criminal charges may be appropriate.
If the state moves forward with criminal charges, it could have an impact on the outcome of your wrongful death action. If the defendant is found guilty in criminal court, the trial verdict could be used as evidence to support your wrongful death claim. However, if the defendant is found not guilty in criminal court or the charges against them are dismissed, the result will have no bearing on your wrongful death case.
Virtually any type of accident, incident, or event can result in a wrongful death if the conditions are dangerous. Our wrongful death lawyers at Text Kevin Accident Attorneys have represented families who have lost loved ones in a wide array of incidents, including:
If the decedent was partially responsible for causing the injuries that caused their death or the incident itself, the defense may attempt to take advantage of California’s pure comparative negligence laws. Under California Civil Code 1714, when injury victims are partly to blame, their settlements will be reduced in proportion to their culpability.
For instance, let’s say your loved one suffered a fatal traumatic brain injury while riding their bike after being hit by a distracted driver. If your family member was not wearing a bicycle helmet at the time of the accident, the court may determine they share 15% of the liability for their injuries. In this case, your family may only be entitled to 85% of the compensation that is awarded.
It is common for liable parties and insurance companies to attempt to capitalize on the state’s shared fault laws to further their own financial interests. For this reason, having a reputable wrongful death attorney in San Clemente ensure liability has been accurately established should be a top priority.
You must be willing to exhaust all opportunities if you hope to get the most out of your wrongful death claim. No amount of money or benefits will make up for the fact that your life has been permanently changed by the loss of your loved one. However, financial support could be what your family needs to avoid financial ruin and allow you to grieve your loss. With that in mind, when you are hoping to maximize your settlement, be prepared to file claims with the insurance company and a wrongful death lawsuit in civil court. Many liable parties will have insurance coverage in place that will cover at least a portion of your family’s losses.
The insurance company may pay for the decedent’s medical expenses, property damages, and other types of covered losses as described in the liable party’s policy. Any damages that are not covered by the insurance policy can be included in your personal injury demand letter. If those responsible for causing your family member’s death do not have insurance coverage, filing a wrongful death lawsuit may be the only way for you to recover the full compensation your family is entitled to.
There are no out-of-pocket costs when you need to hire a San Clemente wrongful death attorney from Text Kevin Accident Attorneys. We never require our clients to pay an hourly fee or put down a retainer to get started. We have a strict no-win, no-fee guarantee. Here is how it works:
You hire our catastrophic injury lawyers to take on your case
We investigate and cover all costs that arise in pursuing your wrongful death action
Our team prepares filings and negotiates with the insurance company
We fight for maximum compensation at trial if necessary
If we win, a percentage of your award will cover our fees. If we lose, you pay nothing in accordance with Rule 1.5 Fees for Legal Services by the State Bar of California.
Contact a Compassionate Wrongful Death Lawyer In San Clemente From Text Kevin Accident Attorneys
The loss of a loved one can be devastating. Not only is the emotional loss overwhelming but when you are financially dependent on the decedent, your entire life could be turned upside down. With help from a reputable San Clemente wrongful death lawyer from Text Kevin Accident Attorneys, you can fight to bring the liable party to justice.
Make those responsible pay for their negligence when you have our legal team demand compensation for your losses and suffering. When you are ready to take matters into your own hands, do so with your wrongful death attorney’s support. Fill out our confidential contact form or call our office to schedule your free, no-obligation consultation as soon as today.
San Clemente FAQs
If you are looking for a compassionate and respectful funeral home or mortuary in San Clemente, California, these are some of the top-rated:
Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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I'm Kevin Crockett, your Irvine based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Anaheim based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Santa Ana based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Moreno Valley based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Inland Empire.
I'm Kevin Crockett, your Norwalk based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Los Angeles County.
I'm Kevin Crockett, your Indio based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Coachella Valley.
I'm Kevin Crockett, your Palm Springs based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Coachella Valley.
Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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