HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

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Oceanside Wrongful Death Lawyer

  • Over 550 combined Google 5-Star Reviews
  • Tens of millions won every year for our clients
  • We won’t settle for less than the maximum value for your case
  • 30 combined years of legal experience 
San Diego personal injury lawyers near me

Trusted And Recommended

HHJ Trial Attorneys proudly serve victims who have suffered from serious injuries. HHJ is one of San Diego’s premiere personal injury law firms.  We’ve obtained over ten million dollars for our clients within the last 4 years alone and have been voted the Best Litigation Firm for the last 3 years through the San Diego Union Tribune. All three partners have been voted as Super Lawyers and have received coverage from local and national news outlets.

Free Case Evaluation

Khala BarkusKhala Barkus
19:33 25 Sep 22
Michael and his team were so great during this entire process. They helped me to get a pretty significant settlement from my case and they were never delayed in any of the processes. I am confident that had I not "fired" the first attorney that I started to work with and called HHJ trail attorneys, I would not have gotten the results that I got with HHJ. You can't go wrong with working with these guys to settle your case.
TylerTyler
21:09 25 Aug 22
Michael and the HHJ staff were extremely helpful from the start of my case less than a year ago. From the time I had my accident, to having doctor appointments set up to the final conclusion, it couldn’t have been a smoother process from beginning to end. Michael is very detailed and organized and always has your best interest at heart. He is very responsive and is always on top of it. I didn’t have to do much other than show up to my doctor appts and respond with info that was needed. I would without a beat use Michael and his team again if needed. HHJ is the best in Southern California!
Claudia LopezClaudia Lopez
21:41 08 Jul 22
Mr. Adam Hepburn and his firm, HHJ Trial Attorneys, took on our legal case. Mr. Adam Hepburn came recommended, luckily. We can't thank Mr. Adam Hepburn and his firm for their stellar work throughout our entire legal case. If I had any questions or concerns, Mr. Adam Hepburn would quickly address my concerns either via email, cell phone or even on text. Mr. Adam Hepburn was very truthful, thoughtful when explaining the facts of my case, and extremely professional. If you're on the fence with hiring Adam Hepburn and his firm, don't be, he's the best in the field. Adam won my case! Must hire him and his firm if you need his type of services.
FergalFergal
15:00 20 Apr 22
Michael and the team at HHJ Trial Attorneys have taken the best care of our Clients after they have being involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results - HHJ Trial Attorneys = Best In Class.
Anne FranksAnne Franks
14:41 20 Apr 22
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very is highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!
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Oceanside's Best Wrongful Death Attorneys

If you have lost a loved one due to the reckless or negligent actions of another person, business, or entity, you are not alone in the legal battle for compensation. Filing a wrongful death claim can allow you and your loved ones the opportunity to hold liable parties accountable and recover some compensation. While money cannot bring back a loved one, it can help ease the financial burden of funeral costs, medical expenses, loss of income, and more. 

 

What constitutes a wrongful death accident? How can you build your claim? Who can be held liable? We will explore the answers now. HHJ Trial Attorneys is a dedicated Oceanside law firm that has connected injured victims with expert compassionate attorneys.

What Are Wrongful Death Accidents?

When a loved one dies due to the negligent or intentional actions of another party (or parties), there can be overwhelming feelings of grief, worry, and anger. Afterward, you may be wondering how this could have happened. And most importantly, why? Wrongful death accidents encompass all accidents where a person dies due to the reckless, negligent, or intentional acts of another person, business, or entity. 

What Are The Most Common Accident Types? 

Wrongful death accidents can happen anywhere, any time. Some of the most common types of wrongful death accidents include: 

  • Car accidents
  • Truck accidents 
  • Bicycle accidents 
  • Pedestrian accidents 
  • Workplace accidents 
  • Medical malpractice 
  • Slip and fall accidents
  • Traumatic brain injuries 

 

While we expect serious injuries from these types of accidents, the truth is that sometimes the consequences can be fatal. And often, it can be the most vulnerable victims who pay the highest price for someone else’s actions. If your loved one passed due to the negligence of another party, filing a wrongful death claim should be the next step you take. 

Who Can File a Wrongful Death Claim in California?

When it comes to who can file a wrongful death claim in the state of California, the state governs that the following people can: 

Surviving Spouse 

The surviving spouse of the deceased will be able to file a wrongful death claim. They must still be legally married and competent enough to proceed with the filing. 

Surviving Children 

The surviving children of the deceased can file. This includes biological children, adopted children, or stepchildren. If they are still underage, a guardian can file on their behalf. If the deceased’s children are also passed, grandchildren may be able to file a wrongful death claim. 

Other Minors in the Household

Other minors in the household of the deceased who had been living there for more than six months and depended on the deceased financially may also be able to file a wrongful death claim in California. 

Parents 

If the deceased was a minor or was not married nor had children, their parents would be able to file a wrongful death claim. They may also be able to file a lawsuit standing in place as guardians of any underaged children of the deceased. 

Representatives of the Estate  

If several members of the family want to file a claim or there are no relatives who qualify under California law to file a wrongful death claim, then a representative of the estate could do so.

 

The statute of limitations to file a wrongful death claim in California is two years from the date of the person’s passing. However, there may often be very unique factors that could determine the deadline for some claims. Sitting down with an Oceanside wrongful death accident attorney can help you learn more about legal options when it comes to filing a wrongful death claim, as well as timelines.

How Is a Wrongful Death Claim Proven?

The basis of a wrongful death claim is being able to prove the negligent party acted recklessly and directly caused the incident that led to the deceased’s injuries and death. In order to show the liable party acted negligently, it is vital to prove that: 

There Was a Duty of Care

The first thing to prove is that the liable party had a duty of care toward the deceased. For example, a driver has a duty of care while on the road to act safely and keep themselves and other drivers from harm. Similarly, a hospital has the duty of care of providing patients with medical care. 

Duty Was Breached

The next step is showing this duty was breached. For example, a driver was driving recklessly, speeding, driving under the influence, etc., creating a dangerous environment for other drivers. 

Causation 

It is then crucial to determine that the injuries the deceased sustained were directly caused by the party’s negligent or reckless actions. For example, a clinic that misdiagnosed a disease caused it to further spread and cause the death of the individual. 

Harm 

As a result of the deceased passing, you must then be able to show the losses that hit their estate/household. If the deceased was the sole breadwinner of their household, proving financial impact can be helpful. Similarly, losing a loved one leads to heavy pain and suffering, which is also something that can be emphasized in a wrongful death claim. 

 

Losing a loved one is never easy. It can be especially traumatizing to lose them in a senseless incident caused by the recklessness or negligence of another party. Building a wrongful death claim can seem taxing on your own, which is why consulting with an Oceanside wrongful death accident attorney can help. 

 

You are already dealing with a heavy loss, so let a legal expert help. 

What Compensation Can Be Obtained?

Though financial compensation can’t undo the loss of a loved one, it can bring about some ease when it comes to the financial burdens their loss has created. Holding negligent parties accountable in a wrongful death lawsuit can bring about compensation that covers:

 

  • Funeral and burial expenses 
  • Medical expenses 
  • Lost income 
  • Loss of inheritance 
  • Pain and suffering 

 

A wrongful death claim can obtain both economic and non-economic damages. Economic damages would include tangible expenses such as hospital bills and funeral expenses, while non-economic damages cover things such as emotional trauma, pain, and the suffering of having lost a loved one. 

 

There are also punitive damages. This form of compensation is usually awarded to deter liable parties from committing the same negligent acts. For example, a driver who has been previously cited for speeding and was speeding at the time of the accident may have to pay punitive damages as well for failing to correct these behaviors.

 

Every claim is different. In order to learn more about how your claim may be valued, speak with an Oceanside wrongful death accident lawyer.  

 

Losing a loved one is never easy. It can be especially painful when they pass due to the reckless or negligent acts of another person. Fortunately, filing a wrongful death claim can make it possible for liable parties to be held accountable, as well as for families to obtain some financial help and ease the expenses resulting from the accidents. If you’ve lost a loved one due to the senseless negligence of another party, talk with an Oceanside wrongful death accident attorney as soon as possible. 

 

At HHJ Trial Attorneys, our law firm is strictly dedicated to fighting for the rights of the injured. This includes the rights of people who lost their lives through the negligent or reckless acts of another person or entity. Let one of our expert legal attorneys fight for you and your family when it comes to holding liable parties responsible for their acts. Contact us now to get started. 

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