San Diego Man’s Family Reaches Settlement In Wrongful Death Case
In February, the family of a San Diego man whose death was attributed to undercooked seafood reached a settlement with a Yountville restaurant. After eating scallops at the restaurant, the 61-year-old victim and two of his friends developed stomach problems. While the friends eventually recovered, the victim did not. With his immune system weakened by a heart transplant, the man died a year later from complications from a bacteria found in marine environments.
What Must be Proven in Wrongful Death Claims?
When someone succumbs to a serious injury, many surviving family members face shock and a shaky financial outlook. In such cases, a wrongful death claim can be the option of choice for obtaining fair compensation when the life of a loved one ends because of negligence or violent acts of another person.
For the defendant in a wrongful death claim to be found responsible, it must be proven that the victim was entitled to be treated with “due care” by the defendant. The words “due care” are key. In essence, it means that the defendant was required or had a duty to ensure the safety of the victim.
In the case of the San Diego man who died from eating scallops, the restaurant had a duty to serve properly cooked food.
After duty has been established, the case will proceed in an effort to prove that the duty was broken by the defendant and that the resulting actions were the cause of the victim’s death.
Who Can File a Wrongful Death Claim?
In most situations, wrongful death claims are filed by a representative of the estate of the victim on behalf of the surviving family members. In other instances, family members themselves can file wrongful death claims. Here in California, that includes spouses, children, domestic partners and extended family/
How Are Wrongful Death Damages Calculated?
There are a host of variables that dictate damages to be awarded in wrongful death cases. These include:
- Medical costs incurred as a result of the injury
- Pain and suffering of the victim before their death
- Projected impact on family of loss of victim’s income
- Burial and funeral costs
- Loss of any inheritance
We Can Secure the Compensation You Deserve
Here at the Gilleon Law Firm, APC, we have decades of experience in securing proper compensation for families who have lost loved ones through wrongful death situations. We excel at gathering all the necessary information, witnesses and evidence needed to proceed with wrongful death cases.
If you’ve suffered the loss of someone close to you, and feel that their death may have been the result of someone else’s actions, we’d welcome the opportunity to speak with you about your options. We’re committed to working with you compassionately and vigilantly to earn the compensation you are entitled to. Contact the offices of the Gilleon Law Firm, APC today at (619) 702-8623 for a free consultation.
