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Wrongful Death Lawyer
San Diego, California

Our award-winning wrongful death lawyers in San Diego, CA, will win a recovery for you, or you won't pay us anything. Tens of thousands of innocent people are killed in accidents caused by the negligence, recklessness, and wrongdoing of others every year. If your loved one was killed in an accident as a result of negligent or criminal behavior, our experienced wrongful death lawyers are here to help you get the justice you and your family deserve.

SEEKING JUSTICE FOR YOUR LOSS? CALL A SAN DIEGO WRONGFUL DEATH LAWYER

Wrongful Death Attorney In San DiegoAt Gingery Hammer & Schneiderman LLP, we assist heartbroken families who have just experienced the devastating loss of a loved one. We provide a caring and compassionate family approach. Our team is available to handle wrongful death claims that occur as the result of fatal car accidents, healthcare mistakes, dangerous products, fires, workplace deaths, and other tragic events. At Gingery Hammer & Schneiderman LLP, we are proud to provide parents, spouses, siblings and other family members with experienced legal counsel in wrongful death cases throughout the Southern California area. We help ease the burden on our clients by making their legal issues as painless as possible in the wake of their loss.

TYPES OF CLAIMS WRONGFUL DEATH LAWYERS CAN FILE

Gingery Hammer & Schneiderman LLP can help in many wrongful death claims including:

Fatal Motor Vehicle Accidents – Such as car crashes, truck wrecks, catastrophic motorcycle accidents, mass transit crashes, drug related accidents, DUI-related accidents, plus uninsured, underinsured, and other negligent driver issues.

Medical Malpractice Claims – Involving fatal birth injuries, misdiagnosis of fatal conditions, prescription overdoses, surgical errors, and more.

Defective or Dangerous Product Cases – Including product liability matters such as defective seat belts, tires, and other auto parts. Product liability cases also include faulty tools and equipment, substandard building materials, defective prescription drugs and many other products.

Premises Liability Claims – Such as construction accidents, dog bites, explosions, falling debris, fires, inadequate security, slips and falls, workplace accidents, and a host of other fatal injuries that were caused by negligence or recklessness.

When to Hire a San Diego Wrongful Death Lawyer

The loss of a loved one is a devastating experience, made even more tragic when the negligence or wrongful actions of another caused their death. In such situations, the surviving family members are left grappling with grief, as well as the difficult task of steering the legal system to seek justice. This is where a San Diego wrongful death lawyer can provide critical support and guidance.

Wrongful death claims in San Diego are complex legal matters that require the expertise of lawyers who specialize in this area of law. These lawyers deeply understand the nuances of California’s wrongful death statutes and have the experience necessary to build strong cases on behalf of you.

Understanding Wrongful Death Claims in San Diego 

Wrongful death in San Diego, CA, refers to a legal action where a person’s death has been caused by the wrongful act or negligence of another. These claims are pursued by the surviving family members or the estate of the deceased, aiming to secure compensation for their losses, including lost wages, funeral expenses, and emotional distress. A wrongful death lawyer in San Diego is specifically trained to handle these emotionally charged cases with the sensitivity and thorough legal expertise required.

San Diego wrongful death lawyers are deeply familiar with the nuances of state and local laws that will impact your case. Whether the death resulted from a vehicular accident, medical malpractice, or a hazardous work environment, these lawyers are equipped to navigate the complexities of each scenario. They provide not just legal representation but also an understanding of the procedural intricacies that can influence the outcome of your claim.

The right San Diego wrongful death law firm can offer clarity and guidance through the legal maze, helping to alleviate some of the burdens during this difficult time. 

In the next sections, we will discuss the specific types of accidents and claims that a wrongful death lawyer in San Diego can assist with.

Accidents in San Diego That Can Lead to Death

Best San Diego Wrongful Death Law FirmThere are numerous types of accidents that, due to negligence or wrongdoing, can tragically lead to death. Understanding these can help families recognize when they may have a wrongful death claim.

Car Accidents

San Diego’s busy roads can unfortunately be the scene of fatal accidents, often caused by speeding, drunk driving, or distracted driving.

Construction Accidents

These can include falls from heights, machinery accidents, and failures to follow safety protocols, all of which can be fatal.

Workplace Accidents

Varied by industry, these can range from accidents in office settings to more severe incidents in manufacturing or industrial environments.

Truck Collisions

The size and weight of trucks mean that collisions often result in severe consequences, including fatalities.

Motorcycle Wrecks

Motorcyclists are particularly vulnerable on the road, and accidents can lead to severe injuries or death.

Bicycle Crashes

Cyclists face risks from both vehicular traffic and road conditions, leading to potentially fatal outcomes.

Falls

Whether from a ladder, roof, or through an unprotected floor opening, falls can be deadly, especially in construction and industrial settings.

Structural Collapses

Buildings or structures that collapse due to poor maintenance or construction can lead to fatalities.

Each of these accidents could potentially be the result of negligence, making it imperative to consult with a wrongful death lawyer to discuss possible legal actions.

When to Consult a San Diego Wrongful Death Lawyer

Knowing when to seek the expertise of a wrongful death lawyer is imperative for taking timely action and protecting your rights. Here are several scenarios when consulting a lawyer is advisable:

Immediate Signs of Negligence

If the death resulted directly from an accident where negligence or a clear fault is suspected, such as a drunk driving incident or a gross safety violation at a work site.

Complex Legal or Insurance Issues Arise

Sometimes, the circumstances surrounding the death involve complicated legal challenges or disputes with insurance companies, requiring professional legal intervention.

To Preserve Evidence

Consulting a San Diego wrongful death lawyer early can help ensure that important evidence is preserved and that witness statements are recorded while still fresh.

Statute of Limitations

It’s imperative to initiate legal proceedings within the statute of limitations, which in California typically allows two years from the date of death to file a wrongful death lawsuit.

Types of Claims Wrongful Death Lawyers Can File

San Diego wrongful death lawyers can help families navigate various claims stemming from different circumstances. These claims include but are not limited to:

Fatal Motor Vehicle Accidents

These claims often involve car crashes, truck wrecks, and catastrophic motorcycle accidents. They can include incidents involving drunk driving, DUI-related accidents, and complications with uninsured or underinsured drivers.

Medical Malpractice Claims

Wrongful death claims in this category can arise from fatal birth injuries, the misdiagnosis of life-threatening conditions, prescription overdoses, and surgical errors that result in death.

Defective or Dangerous Product Cases

These involve product liability issues such as defective auto parts (like seat belts or tires), faulty tools and equipment, substandard building materials, or defective prescription drugs that lead to fatal outcomes.

Premises Liability Claims

Claims can be filed for deaths resulting from construction accidents, dog bites, explosions, falling debris, fires, inadequate security, slips and falls, and other fatal incidents that occur due to property owner negligence or recklessness.

Each type of claim requires a specific legal approach and understanding of the applicable laws, making the expertise of a wrongful death lawyer invaluable.

Choosing the Right San Diego Wrongful Death Lawyer

Choosing The Right San Diego Wrongful Death LawyerSelecting the appropriate wrongful death lawyer in San Diego is a critical decision that can significantly affect the outcome of your case. Here are some factors to consider when choosing a lawyer:

Specialization and Experience

Look for a lawyer or law firm that specializes in wrongful death claims and has extensive experience handling cases similar to yours.

Reputation and Reviews

Research potential lawyers through reviews and testimonials from past clients. A strong track record of successful settlements or verdicts often indicates a competent lawyer.

Communication and Compassion

Because wrongful death cases are sensitive, it’s important to choose a lawyer who communicates clearly and shows genuine compassion and understanding toward your situation.

Resources and Network

Effective handling of a wrongful death claim often requires substantial resources, including access to expert witnesses, medical professionals, and accident reconstruction analysts. Make sure your chosen lawyer has the necessary resources and network to thoroughly investigate and pursue your claim.

Fee Structure

Most wrongful death firms in San Diego work on a contingency fee basis. They only get paid if you win your case. Understanding the fee structure and any potential costs upfront is imperative.

Get Your Free Case Evaluation Today 

Hiring a skilled wrongful death lawyer can provide the necessary support and guidance to navigate these challenging waters. If you believe your family has suffered a wrongful death due to negligence or wrongdoing, don’t hesitate to seek professional legal help. Gingery Hammer & Schneiderman LLP specializes in wrongful death claims in San Diego and is committed to fighting for the rights and dignity of every client. 

Let our wrongful death lawyers handle the legal burdens so you can focus on honoring the memory of your loved one.

Frequently Asked Questions

A wrongful death in San Diego occurs when a person dies due to the negligence or wrongful act of another. Common causes include car accidents, medical malpractice, and workplace incidents.

In San Diego, the deceased's spouse, children, and sometimes parents, or the estate’s executor can file a wrongful death claim.

A San Diego wrongful death law firm can help recover damages for lost wages, medical expenses prior to death, funeral costs, loss of companionship, and emotional distress.

In San Diego, a wrongful death lawsuit must be filed within two years from the date of the deceased's death.

Yes, a San Diego wrongful death attorney can still pursue a claim even if the deceased was partially at fault, thanks to California's comparative fault rules.

A wrongful death attorney in San Diego handles all legal aspects, including gathering evidence, negotiating with insurers, representing the family in court, and securing the best possible compensation.

Look for a San Diego wrongful death lawyer with experience in similar cases, a strong track record of settlements or verdicts, and someone who communicates clearly and compassionately.

San Diego follows California state laws regarding wrongful death, including who can file a claim and the types of damages that can be recovered.

During a consultation, San Diego wrongful death lawyers will review the facts of your case, discuss legal options, and explain the process and potential outcomes.

A San Diego wrongful death law firm must prove that the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death through their actions.

Yes, many wrongful death claims in San Diego are settled out of court. A skilled San Diego wrongful death attorney can negotiate a settlement that adequately compensates the family without the need for a trial.

If insurance is insufficient, a San Diego wrongful death lawyer can explore other avenues such as personal assets of the defendant or additional policy coverage.

Siblings can file a wrongful death claim in San Diego only if there are no surviving direct family members like spouses or children.

Key evidence includes eyewitness testimony, medical reports, expert witness testimony, and anything that proves negligence or misconduct.

A wrongful death lawsuit is a civil action for damages, whereas criminal homicide charges address the legality of the death, with penalties like imprisonment.

Punitive damages are rare in San Diego wrongful death cases and are only awarded if the defendant’s actions were particularly reckless or malicious.

While related, wrongful death claims are separate from the estate proceedings, which handle the deceased's assets and debts.

Most San Diego wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they win the case, typically taking a percentage of the awarded amount.

Generally, wrongful death settlements for compensatory damages like medical bills and pain and suffering are not taxable, but portions of the settlement for lost wages might be.

Contact a qualified San Diego personal injury attorney to discuss your legal options, ensure the preservation of critical evidence, and guide you through the steps necessary to pursue a claim.

COMMON ACCIDENTS THAT CAN LEAD TO DEATH IN SAN DIEGO

Wrongful Death Lawyer San Diego CA - Gingery Hammer Schneiderman LLP

Gingery Hammer & Schneiderman LLP provides sound legal advice, guidance, resources, and representation to the loved ones of people who died in accidents throughout San Diego, California.

Personal Injury Practices

Bicycle Accident

Bicycle accidents should never be taken lightly because the injuries sustained could be severe. If you were injured in a preventable bike crash, contact us today for a free consultation. Our experienced bicycle accident attorneys will help you obtain the maximum settlement award.

Car Accident

If you’ve been injured in a car accident caused by a speeding, negligent, or impaired driver, you deserve full compensation. Schedule a free consultation with a reliable car accident attorney today. We’re dedicated to ensuring justice for our clients.

Catastrophic Injuries

Catastrophic injuries can cause blindness, deafness, or other disabilities that will impact victims for their entire life. If you or a loved one has experienced a life-altering injury, don’t hesitate to consult a catastrophic injury attorney to file and pursue a claim.

Motorcycle Accident

Almost 50 percent of all motorcycle accidents lead to a catastrophic or fatal injury. Motorcycles can be dangerous, and drivers should be held accountable for negligence. If you have been injured in a motorcycle crash, give us a call to secure the compensation you deserve.

Pedestrian Accident

People are seriously injured and killed every day by negligent drivers in pedestrian areas and while crossing roads. If you have been hurt in an accident as a pedestrian, call Gingery Hammer & Associates, LLP to see if you’re eligible for monetary compensation.

Premises Liability

Whenever you are injured on someone else’s property, the property owner can (and should) be held accountable for all your injuries. We’ll handle your premises liability claim and ensure that you are rightfully and fully compensated by the property owner for your injuries.

Truck Accident

Commercial truck drivers must be held to a higher liability standard than other drivers on the road due to the sheer size of their vehicles. If you were injured in a collision with a semi, delivery truck or any other commercial vehicle, call us today to file a claim.

Wrongful Death

Compensation for wrongful deaths can help grieving families get the help they need during an emotionally devastating time, and provide financial stability for the dependents’ futures. Call our firm today, and let us seek justice for the loss of your loved one.

Wildfire Lawsuits

Our injury lawyers are determined to help victims of wildfires who have suffered injuries or property loss. If you have questions about the cause of a San Diego County fire and how you can receive compensation, contact Gingery Hammer & Associates, LLP today.

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