People do not wish to lose their dear ones and feel unpleasant if they have to lose them because of negligence or unlawful conduct in society. At the Law Offices of Howard Kornberg, losing a loved one in San Diego might be all-encompassing, so our condolences for your loss.
Apart from the emotional impact, families are left with so many nuisances, such as medication and funeral expenses, loss of wages, and, of course, the loss of companionship and other earnings that could have been gotten in the future. Fighting for compensation on behalf of the deceased’s surviving members is our wrongful death attorney, Howard Kornberg.
Even though the money will not bring back your lost one, it helps address most of the challenges surrounding this loss. We give our clients vigorous and empathetic representation that calls for justice and holds the offender liable for the remote consequences.
If you have lost a loved one in a negligent act or another person’s wrongful conduct or misdeed, speak to our wrongful death lawyer in San Diego at the Law Offices of Howard Kornberg at 619-257-4443 for free consultation. Do not face this difficult time alone; let our team help you fight for the justice you need for your family.
Wrongful Death Litigation in San Diego: Who Has the Right to File?
This is quite unfortunate, especially when one is burying their loved one caused by the negligence or wrongdoing of another person. In California, the legal authority to submit a wrongful death action belongs exclusively to legal codes in Section § 377.60-377.62 of the California Code of Civil Procedure. Knowing who can apply for a claim is crucial in ensuring your family receives due protection during this time.
According to California law, the following people can file a wrongful death lawsuit:
- Surviving spouse or domestic partner
- Children of the decedent
If there is no surviving partner, domestic partner, or children, the following individuals may have the right to file:
- Other dependents of the decedent
- Putative spouse (a person who thought they were married to the deceased)
- Children of the putative spouse
- Stepchildren
- Parents of the decedent
Although it is possible that several members of a family can pursue legal action, in each wrongful death case, only one lawsuit can be initiated. For example, a surviving spouse and a stepchild cannot bring two actions; in this case, they need to combine efforts to create an action.
The Law Offices of Howard Kornberg understand the immense grief that accompanies the death of a dear person, and we are here to assist in the legal procedures. We have professional lawyers led by attorney Howard Kornberg to ensure you get the compensation you deserve. For over $250 million in verdicts and settlements, Actio is committed to never letting the guilty go scot-free.
Wrongful Death in the U.S.: Essential Statistics You Should Understand
Losing a loved one is terrific, especially when their death could have been prevented. Every year, thousands of families face unimaginable losses due to accidents or negligence, and many may not realize they are entitled to pursue justice through a wrongful death claim.
According to the CDC, there are 170,000 unintentional injury fatalities in the U.S. annually—tragic deaths that often happen due to avoidable mistakes. For example, medical errors alone are responsible for over 250,000 deaths each year, making them the third-leading cause of death in the country. Traffic accidents also claim around 6,900 lives in California every year, many of which result from reckless driving or negligence.
Additionally, falls cause 17,000 deaths yearly, and workplace accidents take the lives of 5,200 workers each year. Traumatic brain injuries, often caused by accidents, kill 50,000 people annually. Homicides, too, result in around 1,800 deaths in California each year.
While nothing can replace a lost loved one, a wrongful death claim can provide rectitude and financial support during this challenging time. If you’ve experienced a loss due to negligence, the Law Offices of Howard Kornberg in San Diego is here to guide you through the legal procedure and fight for the compensation your family deserves.
What Can You Expect in Terms of Compensation for a Wrongful Death in San Diego?
Losing a loved one is one of the most heartbreaking experiences, and when it’s due to someone else’s negligence, the emotional and financial toll can feel overwhelming. In San Diego, families who have experienced a wrongful death may be entitled to compensation to help ease the burden and seek justice.
Here’s what you can expect:
- Funeral and Burial Costs
The expenses associated with funerals and burials can add valuable stress during an already difficult time. Compensation can help cover these costs, relieving families from financial strain.
- Medical Expenses
If the deceased person received medical treatment for injuries before passing, families may be entitled to compensation for those medical bills.
- Lost Income and Financial Support
If the deceased was the primary earner in the family, the loss of their income can be financially devastating. Compensation can provide relief for the future earnings that would have supported the family.
- Loss of Companionship and Emotional Support
Compensation may also be awarded for the emotional pain caused by the loss of love, guidance, and support from the deceased.
Nothing can bring back a loved one. Still, wrongful death compensation means that families receive the proper financial and legal attention they need.
How to Prove Liability in a Wrongful Death Claim
In California, pursuing a wrongful death claim can help bring justice—and the compensation your family deserves. But proving liability is key.
Here’s how to do it:
- Prove the Loss: To start, you must establish that your loved one has passed away, typically with a death certificate.
- Negligence or Wrongful Action: The death must have been caused by someone else’s reckless or negligent behavior. This could be an automobile accident, a doctor’s negligence, or a risky workplace mishap.
- Causation: To support the above torts, one has to prove that the person’s actions to blame led to the death. Their behavior should also be a significant cause of the disaster.
- Breach of Duty: The defendant must have had a responsibility (duty of care) to the deceased, whether following road laws or providing proper medical treatment. Failing to meet that duty creates a breach.
- Damages: Finally, your family must prove the financial and emotional toll this loss has caused—medical bills, funeral costs, and the emotional devastation.
Though no amount of compensation can undo the pain of losing a loved one, proving liability can help bring justice and much-needed financial relief.
Understanding Criminal Charges vs. Wrongful Death Lawsuit
Where one dies and the other is implicated, there is a России between murder and lawsuit. On the other hand, criminal charges are brought while pursuing governmental endeavors to punish the offender. These cases are mainly connected with societal justice and can result in maximal sanctions, including imprisonment or a fine. But they call for beyond any reasonable doubt, meaning a very high threshold that leads to dismissals even though there might be slight doubt.
But then, wrongful death claims are made by the bereaved next of kin’s intention being to recover compensation for their lost loved one. These are cases that are civil, not criminal, and aim at assisting families to be financially and emotionally compensated for their loss. This means they work under a lighter standard of proof, which means that the prosecution has to prove so that there are higher chances that the defendant is guilty. This means that even if the criminal case does not proceed to conviction, families can pursue someone in a civil court.
A very familiar example is the O. J. Simpson trial. Even though he was acquitted in the criminal court, he was judged guilty in the civil suit; he killed someone. A combination of both options can ensure justice for the families of suicidal victims and that their financial needs are met as well. Let us help you through this process with care; we will guide you step by step.
Experienced Wrongful Death Lawyers for Wrongful Death Lawsuit
Losing a loved one is devastating—especially when their death was preventable. You deserve justice if someone else’s negligence or wrongful actions caused your loss. At The Law Offices of Howard Kornberg, we understand the heartache you’re facing, and we’re here to help you navigate this difficult time with the support and care you need.
Here are some benefits of choosing our firm:
Proven Experience That Works for You: Howard Kornberg is a lawyer who has helped many families get the right compensation for their ordeal. For instance, we have handled many wrongful death cases and shall take full responsibility for your case while defending your side.
Personalized, Thorough Case Review: We know every case is unique. Our approach involves thoroughly examining the circumstances, analyzing the specifics, and collecting all the necessary materials to create a database. We do almost everything on the legal front, including taking witnesses’ statements and seeking expert opinions if required, without burdening you with those details.
We Handle Everything, So You Can Focus on Healing: This might sound complicated, but do not worry—you don’t have to face this process alone. We undergo every process, from preparing and submitting documents to responding to deadlines to bargaining with the insurance company and any other party to the case. We are here to make it easier for you, allowing you to mourn and recover alongside your family.
Maximizing Your Compensation: You are not asking for money—you are demanding freedom from worrying. We do everything in our power to ensure that you are fully compensated and that every aspect of your damages is considered, including the medical costs, funeral costs, lost wages, and the gruesome ordeal your family has gone through. We aim to reach the highest award possible so you can be spared from all this financial stress.
Skilled Negotiators & Trial Lawyers Who Fight for You: We act as your lawyer in any negotiation or court discussion. The insurance company or the other parties involved will attempt to reduce your claim amount, but our lawyers are ready for trial if necessary. It is your case, so we do not rest until we give you the justice you deserve.
Compassionate Support Every Step of the Way: We realize this is a sensitive and often painful time for many of our clients, and we want to be more than just your legal representatives. At our team, we value you as a client and will ensure we support and help you throughout the entire legal process of your wrongful death case.
Key Enhancements:
- Reassurance: Emphasize that clients don’t have to go through this alone and reassure them that the firm will handle everything.
- Community Feel: We emphasized the firm’s role as a supportive partner during this difficult time.
- Urgency and Action: The call to action is more potent, encouraging them to reach out immediately and letting them know they’re not alone in this process.
You alone do not have to suffer this challenging experience. Contact Attorney Howard Kornberg for a free consultation on your obligation. We are here to advocate for justice and a rightful claim to the damages you and your loved ones need. Call us now at 619-257-4443. This consideration allows one to take the first step and let’s do it together.
