Compassionate Wrongful Death Lawyer Serving San Diego County

Losing a loved one due to someone else’s negligence is never easy. Deciding to pursue legal action on top of your grief can make this a tremendously stressful moment in your life. You deserve to be able to grieve your loved one in peace.

As an experienced wrongful death lawyer, I can take the lead on your case to hold the negligent parties accountable while you focus on your family and healing. Through my firm, the Law Offices of Barbara B. Savaglio, I have represented many San Diego families with wrongful death claims since 1995.

Pursuing A Wrongful Death Claim

In California, only eligible people can file a wrongful death claim. You must be:

• A surviving spouse or domestic partner
• The decedent’s children

If the deceased has no surviving spouse, domestic partner or children, then the following parties may pursue a claim:

• Other dependents of the decedent
• Stepchildren
• Parents

If you’ve lost a loved one and wish to pursue a wrongful death claim, working with a wrongful death lawyer can help ensure you follow these guidelines.

Proving Liability in a California Wrongful Death Case

Wrongful death claims can occur due to car crashes, dangerous properties, defective products and other negligent accidents. You deserve to hold the responsible parties accountable for their actions that led to the loss of your loved one.

However, not all deaths are considered to be wrongful. You will need to provide proof that your loved one’s death was due to another’s negligent actions. In California, this often includes proving:

• Negligence: To establish negligence, you will need to prove that the responsible party caused harm due to irresponsible or careless actions, such as failing to follow traffic laws that caused a fatal car accident.
• Breach of duty: This refers to proving the responsible party has a legal duty to ensure safety of the deceased. For example, they should legally be following traffic laws to avoid an accident, but in failing to do so, caused a fatal accident.
• Causation: You must establish that the responsible party’s direct or indirect actions resulted in the death of your loved one. Providing evidence of their negligence that caused an accident can help prove this.
• Damages: This means demonstrating the impact of the loss, including economic damages such as medical expenses, loss of income and funeral costs, and other damages such as pain and suffering and loss of companionship.

Building a strong case that covers all of these aspects is why it’s crucial to work with a wrongful death lawyer. I’ve worked on many of these cases over the years and know how to navigate the steps to gather the necessary evidence and develop a solid strategy.

In California, you typically must file a claim within two years of the accident. It’s important to start as soon as possible. I will help you throughout the process to answer your questions and protect your rights during negotiations and in court, if necessary.

FAQ About Wrongful Death Claims

Most San Diego clients come to me after losing a loved one due to someone else’s negligence with urgent legal questions. Here are answers to some of the most common questions I receive.

Is there a statute of limitations on wrongful death claims in California?

Yes, California law generally imposes a two-year statute of limitations from the date of death for filing a wrongful death claim. However, certain situations follow different deadlines. For instance, if the wrongful death was due to medical malpractice, you generally have one year from the date you discovered that medical negligence caused the death, or three years from the date of death, whichever comes first. On the other hand, if your claim involves government entities, you typically have six months from the date of the incident.

But even if you have a long duration to file the claim, waiting can harm your case. Acting promptly with a competent wrongful death lawyer can help because:

• Evidence such as black box data or surveillance footage can disappear quickly if not preserved
• Witness memory may fade over time, leading to a lack of sufficient evidence
• Filing early can accelerate the resolution process, helping you recover compensation sooner

As a wrongful death attorney with over 30 years of experience, I can focus on building the strongest possible claim on your behalf.

What is the timeline for wrongful death claim settlement in California?

The timeline can vary depending on several factors, including the complexity of the case, the willingness to settle out of court and court scheduling. Generally, you can expect six to 12 months for straightforward cases and 12 months to four-plus years for complex cases.

Wrongful death cases in California typically follow these steps:

• Step 1: Investigation to collect evidence
• Step 2: Calculating all the damages
• Step 3: Sending a demand letter to the responsible party’s insurer
• Step 4: Negotiation for a fair settlement
• Step 5: Filing a lawsuit with the Superior Court of California if negotiations fail
• Step 6: Discovery and mediation
• Step 7: Settlement and distribution

As your lawyer, I can handle the legal complexities in these processes so you can focus on healing.

Is it possible to pursue criminal charges and a wrongful death lawsuit simultaneously?

Yes, it is absolutely possible to pursue both criminal charges and a wrongful death lawsuit at the same time. However, they are handled independently in California courts since a criminal case intends to punish the responsible party while a wrongful death case aims to recover financial compensation.

Call The Law Offices of Barbara B. Savaglio Today To Get Started

While pursuing compensation for your loss will not bring your loved one back, it may provide some justice after a devastating experience. Let me help you hold the negligent parties responsible for your pain and suffering.

Call today to schedule a consultation at 619-696-9111 or send an email at your convenience.