October 26, 2024

Thousand Oaks wrongful death lawyer

Lawyers Who Fight For People That Care

Every day you would come across people being killed because of wrongful actions or negligence on the part of another party. These unexpected deaths can be painful for surviving members to deal with. The devastation and grief after such an act can prove to be immensurable.

Your loved one can never be replaced. But, the law offers help to the loved ones of a victim killed by the negligence of a third party. You may be able to bring forth a wrongful death claim and acquire compensation.

Wrongful death claims and criminal cases are different and separate in nature. It is not uncommon for a defendant to be charged with manslaughter or murder and be directed to pay damages in a civil lawsuit on top of that.

You don’t need to deal with the death of your family member alone. You can seek legal help for the death of your loved one by contacting a Thousand Oaks wrongful death lawyer.

Elements in a Wrongful Death

Details of a wrongful death claim can vary from case to case. However, there are usually three common elements in all cases:

Negligence or another wrongful act: The wrongful death should be because of another person’s wrongful actions or negligence. For instance, a doctor may be negligent in treating a patient or a truck driver may drive recklessly.
Correlation: There should be an apparent correlation between the victim’s death and the person’s actions
Damages: The negligence should have caused damage and losses in the form of funeral expenses, medical bills, loss of wages and future earning, loss of society, comfort, or love among other things

You should not delay in speaking with a Thousand Oaks wrongful death lawyer if you think you may have a case because the law can be confusing. California law typically offers two years for plaintiffs to file a claim. However, in certain situations, the statute of limitations is shorter. For instance, in case of claims against government entity, like a state or county hospital, you have just 6 months to file the lawsuit.

This is why you should not delay in speaking with an experienced wrongful death attorney.

Types of Wrongful Death

There are many forms of wrongful death. Some of the more common ones include:

Medical malpractice
Product liability
Drunk driving
Car accidents
Nursing home neglect and abuse
Dangerous medications

Who Can Sue?

California Code of Civil Procedure Section 377.60 states the persons entitled to file a wrongful death lawsuit. Generally, surviving spouses or children of the deceased file wrongful death lawsuits. Domestic partners and putative spouses can also file a lawsuit.

More distant family members, such as grandparents, aunts, uncles, cousins, and siblings may also file a claim if there are no immediate family members. Parents can file a wrongful death claim if a child was killed due to negligence during delivery or labor.

Accounting for a Family Member’s Death

Legal remedies for wrongful death cases are provided by all states, including California. Negligent parties can be held responsible for the pain and suffering caused by them. They can also be held accountable for loss of earnings, present and future financial losses, burial and funeral expenses, medical expenses, and any other out-of-pocket expenses incurred by the wrongful death of the loved one.

These are a few common parties that are held responsible in a wrongful death claim:

Doctor
Driver
Criminal
Business owner
Employer
Product manufacturer
Property owner

The plaintiff’s attorney has to prove the fault and liability of the defendant for the surviving family members to succeed in obtaining general or special compensatory damages. Your lawyer will be responsible for presenting enough evidence for proving fault to the insurance company or a courtroom. This makes it important to consider your options well and choose an experienced law firm with a track record of success