San Diego Wrongful Death Lawyers

Our San Diego Wrongful Death Lawyers Charge NO FEE Unless We Win

Our San Diego wrongful death lawyers work on a contingency fee basis, which means that we won’t charge you unless we secure compensation for you. If we recover money on your behalf, our fee is a percentage of the settlement or award.

Our dedicated team is fluent in both English and Spanish and is here to support you every step of the way. We are available 24/7 to assist you in starting your wrongful death claim. Our attorneys will take care of every aspect of the legal process, allowing you to prioritize your family’s healing and recovery during this difficult time. Let us help guide you toward justice and the compensation you rightfully deserve.

In San Diego, the statute of limitations for wrongful death claims is two years from the date of death, not the date of the accident. If you’ve lost a loved one due to someone else’s negligence, it’s essential to act promptly. Reach out to our San Diego wrongful death lawyers today or complete our form for a FREE, NO-OBLIGATION CONSULTATION with an attorney at Thompson Law.

Secure your right to seek full compensation for the untimely loss of your loved one. Knowing your options now can help you and your family move forward and begin the healing process. Call us today for compassionate and experienced legal support.

Our Case Results Speak for Themselves

At Thompson Law, our track record showcases our ability to win substantial settlements for our clients in wrongful death and injury cases. In 2021, we achieved one of the top 100 wrongful death settlements in the United States and secured 15 of the top 50 injury settlements in Texas. Below are examples of the net amounts paid to clients in different wrongful death cases:

• $11,991,670 – Truck accident
• $9,512,498 – Fire caused by defective chair
• $8,540,000 – Vehicle crashworthiness defect
• $8,010,186 – Fuel system failure
• $7,694,750 – Industrial accident
• $5,704,363 – Vehicle transmission defect
• $5,154,600 – Defective lamp resulting in smoke inhalation
• $4,790,686 – Tire failure
• $4,527,944 – Water heater defect
• $4,021,912 – Cement wall collapse
• $3,963,371 – Plant explosion
• $3,833,236 – Construction accident
• $3,516,463 – Commercial vehicle accident
• $3,143,193 – Airplane crash
• $3,020,676 – Natural gas leak
• $2,873,498 – Automotive accident
• $2,723,284 – Premises liability accident
• $2,090,070 – Oil field accident

These amounts represent the net compensation our clients received, demonstrating our commitment to securing the maximum recovery possible.

While every case is different, these results reflect our skill and experience in handling complex wrongful death claims across a wide range of accident types. This list is just a sample of the cases we handle, it does not cover every type of claim we can assist with.

If you’ve lost a loved one due to negligence or wrongful conduct, our San Diego wrongful death attorneys are here to help. Contact us today for a FREE CONSULTATION, and let us evaluate your case to determine the best path forward.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Diego personal injury lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

What is a Typical Wrongful Death Claim Settlement in San Diego?

Wrongful death settlements in San Diego vary widely, ranging from $30,000 to over $1 million or more. The value of a case depends on several factors:

• Medical Expenses:  Any medical care the deceased received before passing is factored into the settlement.
• Type of Accident and Cause of Death:  Cases involving prolonged suffering often result in higher settlements than those where death was immediate. If surviving family members witnessed the fatal incident, they may also have a separate bystander claim.
• Age and Health of the Deceased:  Younger individuals tend to receive higher settlements due to lost future earnings and potential. However, cases involving very young children may be valued differently.
• Income and Retirement Proximity:  Higher earnings and a longer remaining work life generally lead to larger settlements.
• Defendant’s Insurance Coverage:  In car accidents, settlements may be limited by the at-fault driver’s insurance policy. Cases involving commercial vehicles or corporations often result in higher payouts due to greater policy limits.
• Circumstances of the Accident:  San Diego allows punitive damages in wrongful death cases if the defendant’s actions were reckless or intentional, such as drunk driving.
• Number of Dependents:  If the deceased supported multiple dependents, settlements typically account for the financial loss suffered by the family.

No settlement can replace a loved one, but financial compensation can help ease the burden and hold the responsible party accountable. If you’ve lost someone due to negligence, contact our San Diego wrongful death attorneys for a FREE CONSULTATION today.

How Long Do I Have to File a Wrongful Death Claim in San Diego?

San Diego law gives families two years from the date of their loved one’s death to file a wrongful death lawsuit. Missing this deadline can result in losing the right to seek compensation. However, there are exceptions:

• Government-related claims:  If the wrongful death involves a city, county, or public agency, a claim must be filed within six months.
• Delayed discovery:  If the cause of death was unknown due to hidden facts, the deadline may start from the date the cause was discovered.

To ensure your case is filed correctly and on time, work with a reputable San Diego wrongful death attorney as soon as possible.

What Should I Do After a Wrongful Death in San Diego?

Losing a loved one is a deeply painful experience, and navigating what to do next can feel overwhelming. Taking the right steps after a wrongful death can help protect your family’s rights and secure justice. Here are some steps to consider:

1. Seek Emotional Support:  Lean on family, friends, or professional counselors to help cope during this difficult period.
2. Gather Essential Documents:  Obtain the death certificate and medical records to confirm the cause and circumstances of death.
3. Notify Authorities:  If the death involves suspicious or unlawful circumstances, inform the relevant authorities.
4. Collect Evidence:  Gather witness statements, photographs, or videos that might support your case.
5. Consult an Attorney Before Settling:  Avoid discussing the case or accepting settlements from insurance companies without legal advice, as initial offers may undervalue your claim.
6. Contact a Knowledgeable Lawyer:  Our San Diego wrongful death attorneys can help you understand your legal rights and explore options for compensation.

At Thompson Law, we recognize how overwhelming this time can be. Our compassionate team is ready to manage the legal aspects, allowing you to focus on healing. Contact us today for the support and guidance you need.

Who Can File a Wrongful Death Claim in San Diego?

In San Diego, specific individuals are entitled to file a wrongful death claim against those responsible for a loved one’s death. Eligible parties include:

• Surviving Spouse or Domestic Partner:  The deceased’s legal spouse or registered domestic partner.
• Children:  Biological or legally adopted children of the deceased.
• Parents:  If there are no surviving spouse or children, the deceased’s parents may file a claim.
• Other Dependents:  Individuals who were financially dependent on the deceased, such as stepchildren or putative spouses, may also be eligible.

When multiple claimants exist, such as a spouse and children, the relationship to the deceased often influences the distribution of any settlement. Typically, spouses and children receive larger portions compared to more distant relatives. Unique circumstances, like estranged relationships or the absence of a legal marriage, can affect settlement distribution.

If you believe you’re entitled to file a wrongful death claim, consulting an experienced San Diego wrongful death lawyer can help protect your legal rights.

Determining Fault in a Wrongful Death Case in San Diego

Proving fault in a wrongful death case involves a thorough investigation and compelling evidence to demonstrate negligence. Notable forms of evidence that can help include:

• Witness Statements:  Accounts from individuals who observed the incident.
• Official Reports:  Police or official documentation of the event.
• Visual Evidence:  Photographs or videos of the accident scene.
• Medical Records:  Documentation linking the death to the incident.

To demonstrate negligence, your legal team must prove that the at-fault party:

• Owed a Duty of Care:  Had a legal obligation to ensure the deceased’s safety.
• Breached That Duty:  Failed to fulfill their duty through careless or reckless actions.
• Caused the Fatal Incident:  Directly led to the death through their actions or inaction.
• Resulted in Damages:  Caused emotional, financial, or other hardships for surviving family members.

At Thompson Law, we diligently work to build a strong case to seek justice and fair compensation for your family. Contact us today for a FREE CONSULTATION to learn how we can assist you during this challenging time.

What is Required to File a Wrongful Death Lawsuit in San Diego?

To pursue a wrongful death lawsuit in San Diego, you must show that:

• Another’s Actions Caused the Death:  Show that your loved one’s death was directly due to someone else’s negligent or intentional actions.
• Eligible Family Members Suffered Losses:  Prove that surviving family members experienced financial or emotional hardships because of the death.

Eligible family members typically include the deceased’s spouse, domestic partner, children, and sometimes other dependents or heirs.

If your loved one died due to someone else’s negligence or wrongful act, it’s crucial to consult our San Diego wrongful death attorneys promptly. We can provide guidance tailored to your situation and help you understand your rights and options.

Leading Causes of Wrongful Death in San Diego

• Motor Vehicle Accidents:  Fatal crashes involve cars, trucks, motorcycles, bicycles, and pedestrians. Boating and aircraft accidents can also lead to wrongful death. Common causes include reckless driving, speeding, distracted driving, and DUI.
• Workplace Accidents:  High-risk jobs like construction, transportation, and industrial work pose serious dangers. Falls, equipment malfunctions, exposure to hazardous materials, and employer negligence often result in fatal injuries.
• Premises Liability Cases:  Property owners must maintain safe conditions. Fatal accidents can occur due to slip-and-falls, dog attacks, unsecured swimming pools, faulty amusement park rides, or fires caused by negligence.
• Medical Malpractice:  Healthcare providers can be held responsible if a patient dies due to surgical errors, medication mistakes, misdiagnoses, or neglect. In San Diego, proving malpractice requires showing the provider acted with extreme negligence.

If you have lost a loved one due to any of these causes, speaking with a San Diego wrongful death lawyer can help you understand your legal options and seek justice for your family.

Types of Damages Available in a San Diego Wrongful Death Lawsuit

When a loved one passes away due to someone else’s negligence, surviving family members may be entitled to financial compensation. In San Diego, wrongful death damages fall into two main categories:

Economic Damages

• Medical Expenses:  Costs for hospital stays, surgeries, medications, and other treatments the deceased received before passing.
• Funeral and Burial Costs:  Expenses for memorial services, caskets, burial plots, and other related arrangements.
• Lost Income:  Compensation for the wages the deceased would have earned if they had lived. This can include future earnings, benefits, and retirement contributions.
• Loss of Services:  The value of household contributions the deceased provided, such as childcare, home maintenance, and caregiving.

Non-Economic Damages

• Pain and Suffering:  If the deceased experienced conscious pain before passing, their estate may be compensated for their suffering.
• Mental Anguish:  Compensation for the emotional distress endured by surviving family members.
• Loss of Companionship:  The absence of a spouse, child, or parent affects daily life, emotional support, and family structure.
• Loss of Consortium:  Compensation for the loss of intimacy, affection, and companionship between spouses.
• Loss of Parental Guidance:  If a child loses a parent, they may receive damages for the loss of emotional support, mentorship, and guidance.

The exact damages awarded depend on the specifics of each case. A skilled San Diego wrongful death attorney can help calculate the full extent of your losses and ensure you receive the compensation you deserve.

If you believe you have a wrongful death claim, contact our San Diego wrongful death attorneys for a FREE CASE REVIEW today.

Getting the Support You Need After Losing a Loved One

Losing a loved one is profoundly painful, especially when their death results from someone else’s negligence. Navigating your rights and responsibilities during such times can be overwhelming. Consulting an experienced wrongful death attorney promptly is essential to ensure your family receives the necessary support.

While no compensation can replace your loved one, pursuing a claim can provide financial stability and hold the responsible party accountable. If your family member’s death was due to another’s actions, reach out to our San Diego wrongful death attorneys for a FREE CONSULTATION today. Let us help you move forward.

FAQs About Wrongful Death in San Diego

What compensation can be recovered in a San Diego wrongful death case?

If you’ve lost a loved one in San Diego due to negligence, you may be entitled to financial and emotional compensation. This can include medical bills, funeral expenses, lost income, and the value of household services the deceased provided. Families may also seek damages for emotional suffering, loss of companionship, and loss of parental guidance. In cases of extreme negligence, such as drunk driving or reckless behavior, punitive damages may be awarded to hold the responsible party accountable.

Can I file a wrongful death claim if the deceased had no income?

Yes, a wrongful death claim is not solely based on financial contributions. Even if the deceased had no income, their loss can have a deep emotional and practical impact on their loved ones. Compensation can include loss of companionship, emotional support, and guidance, particularly for spouses and children. Additionally, the claim may cover funeral expenses and any medical costs incurred before death.

What happens if the at-fault party in a wrongful death case has no insurance?

If the responsible party doesn’t have insurance, there are still ways to seek compensation. In some cases, you may be able to pursue a claim against their personal assets or identify other liable parties. The deceased’s own insurance policy, such as uninsured motorist coverage, may also provide compensation depending on the circumstances. Speaking with an attorney can help you explore all available options and determine the best path forward.

Can multiple family members file separate wrongful death claims?

No, San Diego law requires all eligible family members to be part of a single wrongful death claim. This ensures that compensation is distributed fairly among those affected by the loss. The claim is typically handled by a personal representative, and the court considers each family member’s relationship with the deceased when awarding damages. A lawyer can help ensure the claim is properly structured to reflect the family’s needs.

What if the deceased was partially at fault for the accident?

San Diego follows a comparative negligence rule, which means compensation can still be awarded even if the deceased was partially at fault. However, the total settlement is reduced based on their percentage of responsibility. For example, if they were found to be 20% at fault, the compensation amount would be lowered by 20%. A skilled wrongful death attorney can help evaluate fault and fight for the highest possible settlement.

Are wrongful death settlements taxable in San Diego?

Most wrongful death settlements in San Diego are not subject to federal or state taxes. The IRS and California tax authorities generally exclude damages related to physical injuries or wrongful death from taxable income. This means:

• Compensation for medical expenses, funeral costs, and pain and suffering is typically tax-free.
• Punitive damages, which are awarded to punish the defendant for reckless behavior, are taxable.
• Interest accrued on a settlement amount while the case is pending may also be subject to taxation.

To avoid unexpected tax liabilities, consult a tax professional or a San Diego wrongful death attorney who can guide you through the financial aspects of your case.