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San Diego Personal Injury Attorneys

McKenzie Scott PC: Fighting for the little guy.

Catastrophic injury. Police brutality. Wrongful death. At McKenzie Scott PC, our mission is simple: to represent injured people and get them the compensation they deserve. As personal injury attorneys with a wide array of case specialties, we’re ready to fight to make things right. Our personal injury practice primarily includes the following areas:
  • Wrongful death
  • Premises liability
  • Catastrophic injury
We handle a variety of personal injury claims, including civil rights cases against government entities; truck and car accident cases; police misconduct cases, and traumatic brain injury (TBI) cases. Our services are offered on a contingency-fee basis. This means we only earn a fee and collect costs after successfully recovering a settlement or verdict for your case. How can we help you?
  • Wrongful Death
  • Premises Liability
  • Catastrophic Injury

See All Practice Areas

Nothing prepares you for the excruciating pain of losing a loved one because of someone else’s negligence. Navigating your grief and anger is difficult enough-and the added financial stress can make the process all the more challenging. 

The process of seeking compensation in a wrongful death case starts with filing a personal injury lawsuit. In the aftermath of a family tragedy, even asking for this help can feel daunting.

The team at McKenzie Scott is here to help. We’re with you every step of the way, from vetting your case and filing a lawsuit to gathering evidence and recovering compensation. We stand ready to counsel you through the entire legal process so you can focus on your grief.

Why should I file a wrongful death lawsuit?

Although money cannot repair your family’s pain and suffering, filing a wrongful death claim could relieve the financial burdens associated with your loss. This includes funeral and burial costs, loss of income, childcare expenses, and the pain and suffering you experienced.

Call us now at 619-794-0451 for a free consultation with a San Diego personal injury lawyer to talk about your situation and legal services we can provide.


Client Review

"Mr. Scott and Mr. Bourassa helped our family tremendously. We were able to meet with the team immediately to address important matters. I was very comfortable with them and their concern for my family’s welfare. Our very stressful time ended up without consequence because of the effort they put into the case. Ultimately our day in court never came and no charges were made. I am thankful to have chosen this team and I would definitely recommend to others needing defense attorneys."
April
Client Review

What kind of fatal accidents can be considered wrongful deaths?

Any illegal or negligent act resulting in the death of another person can be considered a wrongful death. This includes:
  • Violent or criminal acts
  • Medical malpractice
  • Product defects
  • Slip-and-fall injuries
  • Car accidents
  • Motorcycle accidents
  • Pedestrian and cyclist accidents
  • Sporting accidents

Filing a Wrongful Death Suit

The law varies from state to state about who may file a wrongful death claim after an accidental death. In California, a wrongful death action can be filed by the decedent’s spouse, domestic partner, children, grandchildren, or personal representative as per California Code of Civil Procedure §377.60. Regardless of where you are in the country, the common definition of wrongful death is a death arising from the negligence of another person or party. While negligent death is usually accidental, intentional actions may also be involved, regardless of whether a crime occurred. A qualified attorney from McKenzie Scott PC will consult with you to determine whether your case meets the standards for wrongful death, and if you have the right to file a suit.

Call us today to begin your claim: 619-794-0451

Holding government entities and corporations responsible.

Proving Wrongful Death

In negligence suits, the plaintiff must prove all four elements of the duty of care, breach of duty, causation, and damages by the defendant. Proving all of these can be challenging, but an experienced wrongful death lawyer from McKenzie Scott will deftly navigate the process. The ability to show a duty of care is heavily dependent on the circumstances of the case. While it may be obvious in a car accident, it can be harder to prove with premises liability. A breach of duty is a careless, reckless, or intentional act that led to the death of your loved one. Next one must demonstrate the causal effect of the breach of duty and financial damages brought about by the death of the decedent.

What Is the Statute of Limitations for a Wrongful Death Lawsuit?

The amount of time you have to file a wrongful death lawsuit in California varies by the potential defendant. Generally, the statute of limitations for wrongful death is just two (2) years from the date of death of the decedent, as per California personal injury statute of limitations (2024). NOTE: In wrongful death lawsuits brought against the government, you have just six (6) months from the fatal incident to take legal action. We highly advise that you never attempt to file a wrongful death claim without the aid of an experienced attorney.

Call McKenzie Scott PC now at 619-794-0451 now for your free consultation.

Wrongful Death Damages

When a wrongful death lawsuit is successful, damages are sought in compensation. Two kinds of wrongful death damages are generally seen: 1) damages that would have been awarded if the person had not died and 2) losses for the surviving family due to the premature death of the decedent. As with all personal injury cases, the former may include pain & suffering, and healthcare expenses resulting from the deceased person’s illness or injury. For the latter, the damages could take the form of financial support for those who were dependent on the deceased person. Wrongful death damages figures vary greatly in amount, from tens of thousands to millions of dollars. Determinants of financial settlements in wrongful death lawsuits may include:
  • Medical expenses
  • Burial and funeral costs
  • Age of the decedent
  • Future earning potential of the deceased individual
  • Loss of retirement benefits or pension plans
  • Insurance policy limits
Wrongful death settlement money is not taxable, according to IRS Rule 1.104-1. The IRS is only allowed to tax income, not compensation for families seeking justice for and grieving a loved one. One of the exceptions to this rule is when funds are used to pay for interest or medical bills previously reported as a tax deduction.

Who Can Collect Money in a Wrongful Death Lawsuit?

In California, financial damages resulting from a successful wrongful death suit go to the decedent’s surviving spouse, domestic partner, children, and grandchildren. If parents and stepchildren can demonstrate that they were dependents, they are also entitled to financial compensation. The money is distributed among surviving family members as per California Intestacy Laws. (California Code of Civil Procedure §377.60)

Contact the San Diego wrongful death lawyers at McKenzie Scott PC at 619-794-0451 to discuss filing a claim that seeks monetary compensation. Civil cases such as wrongful death are almost always done on a contingency fee basis, meaning that you only pay attorney fees if a financial settlement is reached.

A simple slip or trip on someone’s unmaintained property can mean a lifetime of medical bills and physical discomfort. An accident can mean massive medical bills, time away from work, and out-of-pocket costs that can add up fast. Few people can fully appreciate the emotional toll that a serious injury brings – until it happens to them. Every property owner, business owner and property management company has a duty to keep visitors safe. Whether it’s a private residence, business, or public property, the proprietor of the land bears responsibility for the wellbeing of anyone on their property. What should property owners do to keep their property safe? Property owners – both private residents and public buildings – are required to be up to code and kept safe. Their duties include everything from cleaning up slips and keeping walkways lit to providing handrails and using warning signs when they cannot immediately attend to a safety issue. Pools should be secured from unattended children; high-voltage areas should be locked and secured at all times. If you have been injured due to unsafe or unmaintained property, you have a right to file a premises liability claim to receive compensation. McKenzie Scott PC represents clients who have been hurt due to unsafe property conditions. This includes all of the following scenarios, as well as many others:
  • Slip and falls
  • Uneven sidewalks, stairs, and walking paths
  • Elevator/escalator malfunction
  • Animal attacks, including dog bites
  • Falling objects
  • Building collapses
  • Electrical accidents
  • Drownings
Just as no two properties are exactly alike, no two premises liability claims will be identical either. This is why it is critical to retain an attorney with a wide breadth of experience; they will be able to apply effective legal strategies to similar situations, to get you the compensation you are owed.

Premises Liability: A Case Study

We recently took a case on behalf of a 92-year-old woman who was seriously injured following a fall at a parking lot at a local store. The steps were not built to code, and there was no handrail. After the fall, the formerly healthy, active senior citizen saw her quality of life rapidly deteriorate. We pushed for a full, fair settlement, but the defendants refused to accept our offer. We then filed a lawsuit and began to prepare for an expedited trial (expedited due our client’s age and new state of health). On the eve of the trial, the defendants made a large settlement offer: enough to help provide the client with the level of care she would need in her precious remaining years. Our client’s son wrote us the following review:

Client Review

"Tim Scott was the lead attorney for a personal injury case for my Mom. Tim's professionalism and compassionate care for my Mom was phenomenal. Tim and his team, Nick, Sandra, and Nicole all worked diligently to ensure my Mom's interests were met. Tim and his team prepared for trial, and my Mom's case was settled a couple weeks before the trial date. The settlement was for seven figures, and my Mom's needs as a result of her injury were fairly compensated. Tim is a great lawyer and a very good man! If you need an attorney that will be rrady to go to trial then Tim should be your first choice!"
Bob Bob
Client Review

McKenzie Scott PC helps clients receive compensation after sustaining injuries due to poorly maintained property. We pride ourselves on efficiency, integrity, and personalized attention when you need it. Call us today for your free consultation: 619-794-0451.

Why should I file a premises liability lawsuit?

Why should I file a premises liability lawsuit? Premises liability is a field of law that comes into play when a property owner fails to keep their property safe. This covers everything from slip-and-falls from uneven sidewalks, to malfunctioning equipment, dog bites, and drownings. When someone suffers an injury from a poorly maintained or secured property, the responsible party-generally the property owner, business owner, and/or property management company-may be found liable for negligence.

How long do I have to file a premises liability claim?

California personal injury statute of limitations (2024) gives you just two (2) years from the date of the incident to file a premises liability claim. For claims involving government property, you have just six (6) months from the incident date. While some exceptions apply (see California Government Code, Section 905, as well as California Government Code, Section 911.2), it is best to hire a premises liability attorney as quickly as possible in these cases.

Injured due to a property owner’s negligence? Call McKenzie Scott.

Cases involving negligent landlords, irresponsible property owners and inattentive property management companies are tragically common – and we want to change that. Premises liability lawsuits send a powerful message to property owners: keep your property safe, or pay the consequences when someone gets hurt. We know how complicated premises liability cases can be-and how fiercely the insurance companies can fight to keep from paying full, fair compensation. We leverage our experience, our resources, and our stellar reputation on premises cases to get you every penny you are owed.

Speak to a San Diego Premises Liability Lawyer Now

A simple slip or trip on someone’s unmaintained property can mean a lifetime of medical bills and physical discomfort. An accident can mean massive medical bills, time away from work, and out-of-pocket costs that can add up fast. Few people can fully appreciate the emotional toll that a serious injury brings – until it happens to them. Every property owner, business owner and property management company has a duty to keep visitors safe. Whether it’s a private residence, business, or public property, the proprietor of the land bears responsibility for the wellbeing of anyone on their property. What should property owners do to keep their property safe? Property owners – both private residents and public buildings – are required to be up to code and kept safe. Their duties include everything from cleaning up slips and keeping walkways lit to providing handrails and using warning signs when they cannot immediately attend to a safety issue. Pools should be secured from unattended children; high-voltage areas should be locked and secured at all times. If you have been injured due to unsafe or unmaintained property, you have a right to file a premises liability claim to receive compensation. McKenzie Scott PC represents clients who have been hurt due to unsafe property conditions. This includes all of the following scenarios, as well as many others:
  • Slip and falls
  • Uneven sidewalks, stairs, and walking paths
  • Elevator/escalator malfunction
  • Animal attacks, including dog bites
  • Falling objects
  • Building collapses
  • Electrical accidents
  • Drownings
Just as no two properties are exactly alike, no two premises liability claims will be identical either. This is why it is critical to retain an attorney with a wide breadth of experience; they will be able to apply effective legal strategies to similar situations, to get you the compensation you are owed.

Premises Liability: A Case Study

We recently took a case on behalf of a 92-year-old woman who was seriously injured following a fall at a parking lot at a local store. The steps were not built to code, and there was no handrail. After the fall, the formerly healthy, active senior citizen saw her quality of life rapidly deteriorate. We pushed for a full, fair settlement, but the defendants refused to accept our offer. We then filed a lawsuit and began to prepare for an expedited trial (expedited due our client’s age and new state of health). On the eve of the trial, the defendants made a large settlement offer: enough to help provide the client with the level of care she would need in her precious remaining years. Our client’s son wrote us the following review:

Why should I file a premises liability lawsuit?

Premises liability is a field of law that comes into play when a property owner fails to keep their property safe. This covers everything from slip-and-falls from uneven sidewalks, to malfunctioning equipment, dog bites, and drownings. When someone suffers an injury from a poorly maintained or secured property, the responsible party-generally the property owner, business owner, and/or property management company-may be found liable for negligence.

How long do I have to file a premises liability claim?

California personal injury statute of limitations (2024) gives you just two (2) years from the date of the incident to file a premises liability claim. For claims involving government property, you have just six (6) months from the incident date. While some exceptions apply (see California Government Code, Section 905, as well as California Government Code, Section 911.2), it is best to hire a premises liability attorney as quickly as possible in these cases.

Injured due to a property owner’s negligence? Call McKenzie Scott.

Cases involving negligent landlords, irresponsible property owners and inattentive property management companies are tragically common – and we want to change that. Premises liability lawsuits send a powerful message to property owners: keep your property safe, or pay the consequences when someone gets hurt. We know how complicated premises liability cases can be-and how fiercely the insurance companies can fight to keep from paying full, fair compensation. We leverage our experience, our resources, and our stellar reputation on premises cases to get you every penny you are owed.

Causes of Catastrophic Injuries

Catastrophic injuries can be caused by any number of negligent parties in a range of scenarios. At McKenzie Scott, we commonly see a variety of causes of catastrophic personal injuries which impact victims, including:
  • Defective products
  • Medical malpractice
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Aviation accidents (plane, helicopter, etc.)
  • Train accidents
  • Sports accidents (often skiing, football, etc.)
  • Falls
  • Dog attacks
  • Police misconduct and brutality
  • Workplace or construction accidents
  • Random or targeted acts of violence
  • Pharmaceutical products (including pharmacy errors)
If the cause of your catastrophic injury was the result of negligence, you may have a claim for damages against the responsible party. When a duty of care is breached by an individual or entity, civil lawsuits allow victims the opportunity to secure justice through financial compensation which can assist in making the long road to recovery a bit easier.

Damages Awarded in Catastrophic Injury Cases

What do you need to make a recovery after a catastrophic injury? Lost wages, reduced quality of life, and pain and suffering are just some of the effects that can occur after an accident. Collecting a financial damages award in a civil claim can help ensure that your catastrophic injury doesn’t lead to financial ruin. Due to their severe nature, catastrophic injuries often result in substantial financial compensation. Some common damages awarded in catastrophic injury cases include:
  • Medical expenses – past and future
  • Lost wages
  • Lost capacity to earn wages
  • Punitive damages
  • Emotional trauma and/or psychological harm
  • Diminished quality/enjoyment of life
The extensive and long-term harm frequently caused by catastrophic injuries may be correlated to the value of a victim’s damages award.

We don’t get paid until you do.

Civil matters are almost always performed on a contingency-fee basis, which means that we only earn a fee and collect costs after successfully recovering a settlement or verdict for your case.

Filing a Catastrophic Injury Claim

Righting a wrong after a catastrophic injury is something our attorneys work to achieve on behalf of victims every day. The aftermath of an accident can be filled with uncertainty and stress, but we’re here to fight for justice on your behalf during this difficult time. By filing a civil claim, you may be able to secure the financial compensation needed to help ease the overwhelming burden of a catastrophic injury.

Contact McKenzie Scott for a Case Evaluation

For over two decades, the attorneys at McKenzie Scott PC have been helping countless victims get the justice and financial compensation they need after accidents due to negligence which lead to catastrophic injuries. Our mission includes fighting for the little guy, and that means never backing down from litigation against powerful entities and individuals. Reach out to one of our catastrophic injury trial lawyers today for a case evaluation by calling 619-794-0451. We’ll provide you with a thorough overview of all your legal rights and options, an estimated timeline for your case to reach a successful conclusion, and an estimated value of your potential damages award. Civil matters are almost always performed on a contingency-fee basis, which means that we only earn a fee and collect costs after successfully recovering a settlement or verdict for your case.

Reach out to one of our catastrophic injury trial lawyers today for a case evaluation by calling 619-794-0451. We'll provide you with a thorough overview of all your legal rights and options, an estimated timeline for your case to reach a successful conclusion, and an estimated value of your potential damages award.

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