Legal Process for Wrongful Death Claims in San Diego

In this article, we’ll walk you through the steps of pursuing a wrongful death claim in San Diego, from filing deadlines to trial proceedings, so you know what to expect during this challenging time.

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Step 1: Determining Eligibility to File a Wrongful Death Claim

Under California law, only certain individuals are eligible to file a wrongful death claim. These include:

• Immediate family members, such as the deceased person’s spouse, domestic partner, or children.
• Parents of a deceased child who is unmarried and without children. 
• Parents of a deceased child who is married or has children, if the parents were financially dependent on the deceased.
• Other dependents, such as stepchildren or putative spouses, who were financially dependent on the deceased.

(See California Code of Civil Procedure section 377.60.)

If you are unsure whether you are eligible to file, a wrongful death attorney can help clarify your rights.

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Step 2: Understanding the Statute of Limitations

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. (California Code of Civil Procedure section 335.1.)

However, exceptions may apply, such as:

• Six months for claims against government entities. (California Government Code section 905.)
• The discovery rule, if the cause of death wasn’t immediately known.

Missing this deadline can bar you from seeking compensation, so it’s critical to act quickly.

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Step 3: Filing the Wrongful Death Claim

The legal process begins by filing a wrongful death lawsuit in the appropriate court. This involves:

1. Identifying defendants: The individuals or entities responsible for your loved one’s death, such as negligent drivers, employers, manufacturers, or healthcare providers.
2. Drafting a complaint: The complaint outlines the facts of the case, the legal basis for the claim, and the damages being sought.
3. Serving the complaint: Once the complaint is filed, the defendants must be formally notified of the lawsuit.

Your attorney will handle all of these procedural requirements to ensure your claim complies with California law.

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Step 4: The Discovery Phase

After the claim is filed, both sides enter the discovery phase, during which evidence is exchanged to build each party’s case. Discovery may include:

1. Written Discovery

• Interrogatories: Written questions the opposing party must answer under oath.‍
• Requests for Production: Documents and records, such as medical reports, financial records, or accident reports, that are relevant to the case.

2. Depositions

Depositions involve sworn testimony from witnesses, including eyewitnesses, experts, and the parties involved. Attorneys for both sides can ask questions, and the testimony is recorded for use at trial.

3. Expert Analysis

Experts may be consulted during discovery to provide opinions on key issues, such as:

• Accident reconstruction.
• Defective product analysis.
• Economic losses (e.g., future earnings and benefits).

The discovery process is essential for building a strong case and preparing for negotiations or trial.

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Step 5: Settlement Negotiations

Most wrongful death claims are resolved through settlement rather than going to trial. During negotiations, your attorney will:

• Present evidence of the defendant’s negligence and liability.
• Calculate the full extent of your damages, including economic and non-economic losses.
• Negotiate with insurance companies or defense attorneys to reach a fair settlement.

A skilled personal injury attorney knows how to counter lowball offers and ensure you receive the compensation you deserve. If a fair settlement cannot be reached, the case will proceed to trial.

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Step 6: Preparing for Trial

If your case goes to trial, your attorney will represent you in court and present a compelling argument to the judge and jury. Trial proceedings include:

1. Jury Selection

A jury is selected to hear the case and determine whether the defendant is liable for the wrongful death.

2. Opening Statements

Both sides present an overview of their case, outlining what they intend to prove.

3. Presentation of Evidence

Your attorney will present evidence to prove negligence and damages, including:

• Testimony from witnesses and experts.
• Physical evidence, such as photographs or medical records.
• Documentation of financial losses.

4. Cross-Examination

‍The opposing party’s witnesses are questioned to challenge their credibility or testimony.

5. Closing Arguments

‍Each side summarizes their case, emphasizing the evidence that supports their position.

6. Jury Deliberation and Verdict

‍The jury deliberates and issues a verdict. If the jury finds in your favor, they will award damages based on the evidence presented.

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Step 7: Receiving Compensation

If your case is successful, you may be awarded damages for:

• Economic losses, such as funeral expenses, lost financial support, and loss of household services.
• Non-economic losses, such as loss of love, companionship, and emotional support.
• Survival damages, if applicable, for pre-death medical expenses and pain and suffering.

Your attorney will help you ensure the compensation is distributed appropriately and fairly among eligible family members.

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Why Choose Hulburt Law Firm?

At Hulburt Law Firm, we understand how overwhelming the legal process can be after losing a loved one. Conor Hulburt is an accomplished wrongful death trial lawyer with a proven track record of extraordinary results. Our team provides compassionate support, thorough legal representation, and a commitment to achieving justice for your family.

Here’s why families trust us:

• Personalized attention: We treat every client like family and prioritize your needs throughout the process.
• Extensive experience: We’re prepared to take your case to court to ensure maximum compensation.
• Proven results: Our firm has helped many families recover the compensation they deserve.

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Take the First Step Toward Justice

If you’ve lost a loved one due to someone else’s negligence, don’t wait to seek legal help. The legal process can be complex and time-sensitive, but you don’t have to face it alone. At Hulburt Law Firm, we’re here to guide you every step of the way, because The Truth Demands Justice.

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Related Content:

• Statute of Limitations for Wrongful Death Claims in San Diego
• Fatal Car Accidents: Legal Issues and What Families Need to Know

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