Compassionate Oceanside Wrongful Death Lawyer
Call 24/7 For A Complimentary Consultation: 760-721-8182
A wrongful death leaves families with many questions. Why did their loved one die? Could it have been prevented? While they are dealing with their grief and loss, the family members must also think about the future. How will they pay the medical bills, funeral costs, or other unexpected expenses?
Russell Kohn has more than 35 years of experience as a personal injury lawyer in Oceanside. He has helped numerous families with the legal aspects of a wrongful death claim. When you come to the Kohn Law Office, you will be treated with compassion and respect.
Mr. Kohn and his support staff understand that your family is facing a terrible ordeal. They will work hard to help you get the justice and full financial compensation you need to take the first step toward closure and move forward.
As a client of the Kohn Law Office, you can receive:
- Attorney Kohn is available for support and counsel 24 hours a day, 7 days a week.
- The firm accepts cases on a contingency fee basis, meaning you pay nothing out-of-pocket.
- Initial consultations are complimentary.
- All cases are handled personally by Attorney Kohn, never an assistant or paralegal.
For a free and confidential case consultation, please call 760-721-8182 to get started.
Seeking Compensation After the Loss of a Loved One
Nothing can undo the tragedy of losing a loved one; however, you can hold the negligent party (or parties) responsible for the death. Kohn Law Office can help you address the various financial repercussions that come along with these types of cases.
In a wrongful death claim, a plaintiff can seek compensation for damages such as:
- Lost income
- Medical expenses prior to the death
- Funeral and burial expenses
- Pain and suffering
- Lost companionship
- Lost prospect of inheritance.
Economic damages such as loss of income, medical expenses prior to death, and funeral and burial expenses are often the most common forms of compensation sought after in a wrongful death claim.
In addition, for cases filed since January 1, 2022, the California legislature has expanded the law to include recovery for the decedent's pre-death pain and suffering and disfigurement, also known in legalese as non-economic damages. California now joins 45 other states that allow such compensation. This change is found in the California Code of Civil Procedure Section 377.34, and it is a seismic change in California law because non-economic damages are usually the largest part of any claim.
If pursuing compensation for non-economic damages, it is important to know that there is no fixed standard that exists for deciding the amount of non-economic damages. A jury is instructed that it must use its collective judgment to decide a reasonable amount based on the evidence and the jurors' common sense.
While the specific laws vary between states to establish a wrongful death claim, a plaintiff generally needs to show the cause of death by satisfying four elements.
- The plaintiff owed a duty of care to the deceased person (also referred to as the decedent).
- They breached this duty of care (either negligently or intentionally).
- This breach caused the decedent's wrongful death.
- The plaintiff suffered losses as a result.
Who Can File a Wrongful Death Claim in California?
Wrongful death lawsuits are usually brought by a representative of the decedent's estate (often the executor) on behalf of or with survivors who suffered financially as a result of the death, referred to as the “real parties in interest”.
The definition of a real party in interest depends on the jurisdiction. In most states, they are the immediate family members of the decedent, including:
- Parents of young children
Many states also recognize life partners who were financially dependent on the decedent.
Relationships beyond immediate family members or life partners may not be eligible to file a wrongful death suit, depending on the relevant law. For example, only some states recognize extended family members like grandparents and siblings. Some states also recognize the parents of a deceased fetus as real parties in interest.
You Deserve Justice. Contact The Kohn Law Office Today.
Wrongful death may be the immediate result of an accident, such as a car accident, motorcycle accident, or pedestrian accident. In some instances, death occurs weeks or months after an accident as a result of catastrophic injuries, including burns, head injuries, and spinal cord injuries.
However, once the death occurs, time is of the essence to make a claim. The statute of limitations begins running at the time of death, and the period to file a claim is often shorter than it is for any other type of personal injury claim. It is important to contact a wrongful death attorney as soon as possible so you can understand what your timeline for filing a claim looks like.
You can take action against the person or party responsible for a family member's death. Kohn Law Office can help you every step of the way. With the help of a skilled Oceanside wrongful death lawyer, you can begin taking steps toward the justice you deserve.