San Diego Wrongful Death Lawyer
The greatest loss you’ll ever face.
To lose a loved one is the saddest times possible for a family. In addition to the pain, grief, and emotional loss, family members must deal with the reality of moving into the future without their loved one. Our job at the Law Offices of Elliott N. Kanter is to not only comfort the family but to present their case. We represent families and have successfully brought claims against wrongdoers, major corporations, hospitals, doctors, employers, trucking companies and other wrongdoers. Your loss may be the result of a negligent act such as an auto accident or medical malpractice. It could be the result of a reckless act suck as drunk driving. Or it might even be the result of an intentional act such as an assault or even murder. Either way, we understand that this is a very emotional time; we will handle your case with compassion and sensitivity.
This is an an emotional time; we will handle your case with compassion and sensitivity.
Protect your rights. Call the Law Offices of Elliott N. Kanter at 619-330-5881 for a no-cost, no-obligation consultation.
Establishing the heirs.
The heirs of the deceased are the plaintiffs in any wrongful death case. In the case of the death of a child, the parents are the heirs. If the deceased is married, the spouse and any children are heirs. For an unmarried individual, the heirs would be any children, then parents, followed by any siblings. Sometimes, the establishment of heirs can be complicated but must be done before the case can be filed because all heirs must be named as plaintiffs in any wrongful death case.
What is a wrongful death case?
A wrongful death is filed with the claim that the victim was killed as a result of negligence or other wrong action on the part of the person or entity being sued. As a result, the victim’s survivors are due monetary compensation. Civil cases are brought in the name of individuals, not in the name of the State.
Wrongful death suits can be filed against individuals, hospitals, employers, corporations and many other entities. The wrongful death may be caused by:
- A negligent or careless act such as drunk driving
- A reckless act
- An intentional act such as a deliberate murder
Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.
Wrongful death and medical malpractice.
Wrongful death is a type of medical malpractice where the patient died as the result of negligence. However, this can be a challenge to prove. There must be a proven causal connection between the negligence and the cause of death. In many cases—particularly concerning the elderly or those with complex medical problems—an autopsy is often not performed. And sometimes, even an autopsy may not provide sufficient information to connect evidence of negligence with the cause of death. The Law Offices of Elliott N. Kanter regularly work with specialists when their expertise is needed when presenting your case.
California state law limits the recovery of non-economic damages to $250,000 in all medical malpractice suits including wrongful death. When it comes to economic losses, however, there are no limits. The law will take into account the economic value that the deceased provided his or her spouse and heirs, even if the deceased was not working at the time of death. This is important, because the value of “home services” is often not recognized.
An experienced Wrongful Death Attorney in San Diego you can rely on.
The time after the death of a loved one can be very painful. No amount of money in the world can bring them back, but the Law Offices of Elliott N. Kanter can help ensure you receive sufficient resources to make sure you and your loved ones are provided for. We promise to handle your case with compassion and a true personal concern. If there is anything we can do to assist you, please don’t hesitate to call us at 619-330-5881 for a no-cost, no-obligation consultation.