Carlsbad Wrongful Death Lawyer

Carlsbad Wrongful Death Lawyer

Have you lost a loved one to the negligence of another person or business? A Carlsbad wrongful death lawyer can help you file a lawsuit against the responsible party.

Losing a loved one to the negligent or intentional actions of another party is devastating. If the loved one was a breadwinner, the death is possibly catastrophic for you and other dependents. Not only do you lose your partner, but you also have to handle the challenge of possibly being a sole provider.

A Carlsbad wrongful death attorney can help you through this challenging moment in your life. We help you carry the legal burden of filing a lawsuit and recovering damages from the responsible party.

What Is a Wrongful Death Lawsuit

A wrongful death claim is a civil suit that allows you to sue the person legally liable for a loved one's death. As a family member or part of the deceased estate, you can bring a wrongful death claim to receive compensation.

Who Can File a Wrongful Death Claim in Carlsbad?

When your loved one passes, you may choose to file a wrongful death lawsuit. To file the suit, you select a representative- in most cases, the representative is the executor of the decedent's estate. You and your surviving loved ones are legally known as the "real parties in interest"- some of the parties in this category include: 

  • Immediate family members such as the spouse, and children, and grandchildren if their parents are also deceased
  • Domestic and life partners and financial dependents
  • Other people that suffer financially as the result of the decedent's death. For example, children who got at least 50% of their financial support from the deceased
  • People who are entitled to the deceased inheritance

To confirm if you can file a wrongful death claim, contact Craig F. Castle Law for a consultation. 

Common Causes of Wrongful Death in Carlsbad

  • Automobile accidents –this includes car, truck, bicycle, and motorbike accidents caused by a negligent party during driving, causing the death of your loved one. 
  • Occupational accidents and injuries- employers and supervisors are expected to take reasonable measures to protect their workers against hazards and injuries. 
  • Negligence by caregivers and nursing homes- these are people entrusted with the care of a loved one. 
  • Criminal actions such as stabbing and shooting- these are direct acts of malice against the deceased. 
  • Defective products- for instance, you can bring a claim against an automobile parts manufacturer for defective tires than malfunctioned during use and caused an accident resulting in the death of your loved one. 
  • Medical malpractice is the physician's professional negligence, causing them to make negligent errors or omit some detail during treatment. 

Wrongful Death Damages in Carlsbad

When filing a wrongful death suit in Carlsbad, you'll seek compensation for several categories of losses. These include: 

  • The pain and suffering brought by the death of a loved one
  • The costs of treatment, surgeries, ambulance, and funeral
  • Loss of consortium- This includes the loss of affection, love, care, comfort, and sexual relations
  • Loss of future earnings
  • Loss of services and value provided by the decedent

Who Can You Sue For a Wrongful Death Claim?

You can file a wrongful death lawsuit against various individuals, businesses, companies, and government agencies whose actions caused the death of your loved one. In the case of an accident that involved the deceased vehicle and a company truck, you can sue:

  • The truck driver whose negligent actions caused the accident 
  • The administrator of the road that caused the accident 
  • The manufacturer or distributor of faulty car parts that malfunctioned and caused the accident 

What Are The Elements of a Wrongful Death Claim?

Wrongful death claims should fulfill several elements to stand in a court of law in Carlsbad. By proving each of these elements, you can improve your chances of winning a wrongful death claim and receive compensation for the loss of your loved one. A Carlsbad wrongful death lawyer can help you file a successful claim. 

  • Negligence- You and other surviving members need to show that the negligence of the party caused the death of the deceased, either wholly or partially. The defendant's negligent actions, omission, or recklessness should have resulted in the victim's death. 
  • Breach of duty- In making your case, you need to show that the defendant owed a duty to the deceased. For example, in a medical malpractice suit, a physician has an obligation to maintain the patient's health. 
  • Causation- You need to show how the actions of the legally liable party caused the death of a loved one. 
  • Damages- To recover damages, you need to quantify items such as medical costs, funeral costs, lost earnings, pain and suffering, and loss of a loved one. 

What Is The Burden of Proof In a Wrongful Death Claim?

The burden of proof is a concept in civil lawsuits that means that you need to prove your case to win. In most cases, you need to investigate thoroughly to file a claim with quality and sincere evidence. 

The process of winning a case could include meeting and interviewing witnesses, investigating the incident to determine the cause, collecting evidence such as videos of the incident, talking to experts to give opinion during an investigation and in court, and following all legal procedures to file your papers correctly. 

An expert in wrongful death suits is, therefore, an essential part of the process. You may also go into mediation and choose to settle instead of moving to court. Nonetheless, a qualified wrongful death lawyer can help you negotiate. 

Filing a Wrongful Death Claim in Carlsbad

When you lose a loved one, you need to take time to mourn the loss. At this critical moment of your life, transferring the burden of a painful legal suit to a wrongful death attorney helps. At Craig F. Castle Law, we make your loss our property. We use our vast experience to ensure you see justice and get compensation for the loss of your loved one. 

Contact Craig F. Castle Law for a Free Initial Consultation to discuss your case. 

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