ARENDSEN BRADDOCK LAW | EXPERIENCE MATTERS

There are few things in life more devastating than losing a loved one, particularly through an accident or other unexpected event. A large number of our clients are family members of loved ones who died in car crashes, motorcycle accidents, or other traumatic incidents caused by the negligence of someone else. Not only have we secured numerous multimillion-dollar recoveries for these clients, but we treat all of them with compassion and empathy and consider our clients as our own family. 

Wrongful death cases involve special types of damages that cannot simply be explained by adding up numbers and talking about only lost financial support. We give all our clients our cell phone numbers and spend time not just thinking about your case, but simply spending time with you and your family to understand the full extent of the impact of losing your loved one.

In the state of California, wrongful death is the result of negligent or unlawful acts of another person. Wrongful death is a claim brought by civil action, usually by loved ones, to help bring some sense of restoration to the family.

While we know that no amount of money could heal the wound of losing a loved one, it can certainly help aid for lost wages, long-term cognitive trauma, medical bills and more.

If someone were to get in an accident where, if they lived, they could file for a personal injury lawsuit, you are eligible to file for wrongful death. This includes things like slip and fall accidents, construction accidents, DUI accidents and more. Personal injury cases, by definition, are legal cases that arise when someone suffers from harm due to an accident or sudden injury and someone else is legally responsible for the harm, known as negligence.

A statute of limitations is a law that sets the maximum amount of time for a person to file legal action after a dispute from the first date of an alleged offense. In California, the statute of limitations for wrongful death cases is two years. If the wrongful death case is not initiated in the state’s court system within two years of the accident, the family filing for wrongful death will immediately lose the right to file.

The most important question to ask yourself before filing a wrongful death case is, “how can I prove liability?” If you’re unsure that you have evidence to prove liability or negligence leading to wrongful death, call a lawyer to present the facts immediately. We offer free first-time legal consultations in our San Diego and Solana Beach law offices. To prove liability in a wrongful death lawsuit you will need:

• Proof that the other party owed a duty of care
• Proof that the other party failed the duty of care
• And proof that the failure to exercise care led to your loved one’s death
  
  

Duty of care, in it's simplest terms, is the theory that you have an obligation to avoid acts that could cause reasonably foreseen injury to other people. This means, if someone were driving 90 MPH in a 30 MPH zone and struck and killed another motorist or pedestrian, this person was not exercising their duty of care and therefore acted negligently resulting in wrongful death.

Call Arendsen Braddock, LLP

If you’re looking for a team of compassionate individuals who care deeply for every client they work with, look no further than Arendsen Braddock Law near San Diego and Solana Beach. We understand that you might not be ready to talk about your wrongful death case, and that’s okay, but we’ll be here when you need us. Contact our team to present your case and get started today.