Wrongful Death Blog


Pedestrian Killed by Vehicle in Recent San Diego Car Accident

Posted by Timothy J. Ryan | Aug 03, 2014 | 0 Comments


A car accident in San Diego, Talmadge left one person dead Wednesday evening. Police are investigating it. According to the police, a 59-year-old man was crossing El Cajon Boulevard at Altadena Avenue around 8:30 p.m. when the accident occurred. A 29-year-old man hit him while driving a Honda Sedan. Paramedics were called, but the victim was pronounced dead at the scene.

According to San Diego police, it does not appear to be a case of driving under the influence of alcohol or drugs. The untimely death of a loved one is devastating regardless of the circumstance, but in situations such as this, it can be especially difficult. Our thoughts and prayers are directed towards the family and those touched by this tragic occurrence. If the circumstances have been reported correctly, the relatives of the deceased victim may have the opportunity to pursue a San Diego wrongful death claim. Wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation, or entity. It belongs to the legal category commonly known as personal injury. This type of case holds an individual, group, or corporation accountable for causing injury to another person that leads to a fatality.

When someone is seriously injured or killed in a fatal mishap, the loss to family members is sudden and devastating. The incident not only afflicts the victim but also relatives, friends, and sometimes an entire community. Concerns of how to cover financial losses and how to meet future obligations to others arise. This can call for the victim's family members to seek a wrongful death claim. Under California law, the affected parties have limited time to file a claim. In California, these claims must be filed within two years of the date of the decedent's demise. If the claim is not filed in the state's civil court system within two years, the victim's relatives will almost certainly lose the right to file it at all.

Can The Victim's Family Be Compensated for Costs?

California law permits the estate of the deceased (the deceased family members) to recover damages that the decedent would have been entitled to, including penalties and punitive damages but not including damages for pain, suffering, or disfigurement. For these types of claims, what is looked at is the earnings the victim would have provided to his or her relatives had he or she lived. Damages from a San Diego claim are awarded to family members based on this monetary loss as well as other factors. Immediate family members (spouses, children and parents) have the right to pursue a claim under many circumstances. San Diego compensation comes in terms of damages incurred. Damages for losses for which the deceased's relatives have the right to receive compensation include:

  • Medical costs that the deceased victim incurred as a result of the injury prior to death
  • Funeral and burial costs
  • Loss of the deceased person's expected income
  • Loss of love and companionship
  • Value of the services that the deceased would have provided
  • Loss of care, guidance, and nurturing that the deceased would have provided
  • Pain and suffering on the part of the survivor caused by their loved one's demise

Will A Wrongful Death Lawsuit Put The Responsible Driver In Jail?

Whether or not someone commits a crime in San Diego is not what these claims determine. In a wrongful death claim, someone who represents the interests of the deceased person, which include a relative of that person, or other interested party, files a civil lawsuit against the person who caused the fatality. The person (the defendant) is accused of acting negligently and if he/she loses the case, he or she is required to pay damages to the person who sued. Therefore, these claims are not criminal cases. In such a case, a state or federal prosecutor files criminal charges against a person accused of committing a crime. By a defendant losing a claim it does not mean he/she will go to jail. It simply means that the defendant will be forced to compensate the plaintiff for any damages the defendant is accused of causing, and the defendant's insurance company often covers those damages.

Are Wrongful Death Lawsuits All About Money?

A San Diego wrongful death claim is also a way to honor the legacy of a loved one that you lost and reduces the likelihood of similar tragedies from happening again. With a wrongful death claim, one not only looks forward for compensation but also tries to prevent future disasters. Holding an individual or corporation responsible for its action may prevent the same event from happening to another family in the future. You will still have suffered a terrible loss, but, through a compensation claim, you may find comfort that one's demise has an impact on personal responsibility, safety regulations, or corporate policy. No amount of money can make up for the loss of someone you love. Money is the only remedy that the law allows. In most cases, family members pursue compensation in order to survive financially. It also provides the deceased family members the answers they need regarding what really happened to their loved ones. The awarded damages costs can also fund efforts to prevent future-related tragedies. Those in need of representation in San Diego, California are encouraged to contact the California pedestrian wrongful death attorneys at Timothy J. Ryan & Associates for a free confidential case evaluation. Call (800) 838-6644 to get assistance today.


About the Author

Timothy J. Ryan

Personal injury attorney Timothy J. Ryan has helped California injury victims recover more than $1 Billion since 1981. A passionate consumer advocate, Tim is heavily involved in giving back to his local community via donations and volunteer work.


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