San Diego Wrongful Death Lawyers
If you need an agressive law firm to assist you with your wrongful death case, contact the experienced San Diego wrongful death lawyers of Bisnar Chase for a Free no-obligation consultation today.
Types Of Wrongful Death Cases In San Diego
Wrongful death cases are complicated and specific. It is critical that you hire a San Diego wrongful death attorney. If you are the survivor of a loved one in a wrongful death case, you have the right to file a lawsuit for the recovery of three kinds of damages:
- The loss of the love, comfort, companionship, and consortium (if a surviving spouse is a claimant) of the decedent.
- The value of household services that would have been provided by the decedent.
- The value of financial support that has been lost with the decedent's death.
Who Can File a Wrongful Death Case In San Diego?
There are only specific people who are allowed to file a wrongful death claim. The first individuals who may file are the surviving spouse, children, and surviving issue of deceased children of the decedent. These individuals may file together or separately.
If there is no one who meets the above criteria, then the following individuals may file a claim:
- The decedent's parents.
- The decedent's brothers and sisters.
- The children of deceased brothers and sisters.
- The decedent's grandparents.
- The grandparents' lineal descendants.
In addition, there is a second group of claimants who MAY be able to file a wrongful death claim:
- A putative spouse, who is a person not married by law but who had a provable good faith belief that he or she was married.
- The children of a putative spouse.
In order for anyone in this second group to file a wrongful death claim, they must prove dependence on the decedent at the time of death.
Finally, a claim may be filed by a minor who lived with the decedent for 180 days prior to death and was dependent on the decedent for a minimum of 50% support when the decedent died.
Wrongful Death Statute of Limitations In California
A statute of limitations is the deadline for filing your wrongful death case. In the state of California you have 2 years from the date of the incident to file your claim.
If your claim is against a government agency then you must file within 6 months in order for your wrongful death claim to be valid and you first must file an administrative claim. Then the government has 45 days to respond.
If your claim is rejected you have 6 months from that date to file your lawsuit. If the government does not deny your claim you then have 2 years to file your claim and that is also from the date the incident occurred.
The Importance Of Hiring A San Diego Wrongful Death Attorney
Because the laws in California regarding personal injury and wrongful death are complex, a wrongful death lawsuit requires the expertise of an experienced wrongful death attorney familiar with local courts and rules.
If you believe you qualify as a claimant in a wrongful death case, Bisnar Chase has 30 years of experience successfully settling personal injury cases, many of them wrongful death cases.
We will take care of all the research and paperwork and answer all of your questions and we will not give up until we win your case.
If you need the assistance of a qualified San Diego wrongful death lawyer, contact our offices for a free IMMEDIATE case evaluation today.