Oxnard Wrongful Death Lawyer
Nothing compares to the pain of losing your loved one. As life goes, their absence is felt across all facets of your life, and things are rarely the same as you try to cope with the loss. Dealing with the emotional trauma is hard enough, but when an additional financial burden is added to the entire situation, it makes it even worse. However, as per California law, if someone else’s negligence resulted in your loved one’s death, the surviving family members can seek compensation for economic losses.
We at Maho Prentice, LLP have years of experience and in-depth knowledge of handling a wrongful death claim. We approach our personal injury claims with unrivaled determination and passion because we understand how getting financial support could make things easier and comparatively less stressful. We cannot undo what happened but can certainly try to improve it.
If you need Oxnard wrongful death lawyers, we are the ones to contact.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought against the person whose negligence caused someone else’s death. The case is filed by the deceased person’s survivors to recover compensation for their losses, including the loss of love, companionship, emotional support, and financial support.
In California, the following people can file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- The deceased person’s children
- In some cases, the deceased person’s parents
- In some cases, the deceased person’s siblings
When Is A Death Considered Wrongful?
In a wrongful death lawsuit, death could have been prevented if it weren’t for someone else’s recklessness, negligence, or intentional misconduct. This means that it can apply to many fatal accidents that can lead to a wrongful death claim.
Here are some of the most common causes we represent as an Oxnard wrongful death attorney:
- Motor vehicle accident
- Car accident
- Bicycle accident
- Trucking accident
- Pedestrian accident
- Medical malpractice
- Slip and fall accident
- Fatal burns
- Elder abuse
A wrongful death lawsuit is filed when the deceased person died, and another party was responsible because of their negligence, illegal activity, or misconduct. Usually, a surviving family member can file wrongful death compensation.
An injury case like this often relies on the conviction to prove the defendant’s negligence and hold them liable. However, every case is different, and it is not always mandatory that the negligent party is guilty of an actual crime. Here is what needs to be proven by a wrongful death lawyer to prove the plaintiff’s side:
- A person has died,
- The loved one’s death resulted from another party’s intention to harm or negligence.
- The defendant had a duty to exercise reasonable care to their relationship with the deceased – i.e., manager, employee, customer, caregiver, or landlord.
- The defendant breached their duty of care, which led to the wrongful death.
- Surviving family members require compensation to pay for medical bills, funeral expenses, and other related expenses.
- A personal representative has been appointed to administer the expired person’s estate.
Personal injury victims often blame themselves for their misfortune. However, California wrongful death law states that a surviving family member can claim compensation for their loved one’s death if they died due to another party’s negligence.
Contact the legal team at Maho Prentice LLC to know the legal process of filing a wrongful death lawsuit and how we can help you. Your first consultation is on us.
Who Can File A Wrongful Death Suit?
A wrongful death case can be pursued by surviving family members like:
- Spouse or partner
- Parents or siblings, if there are no surviving children.
- In some special cases, stepchildren or other family members may also be allowed to pursue the claim if it can be proved that they were dependent upon the deceased where financial support is concerned.
If you are confused whether you would be able to pursue the claim or not, contact personal injury lawyers in Ventura County and Oxnard, CA, – Maho Prentice, LLP. We offer a free consultation to see if we are the right fit for you.
What To Do When You Suspect Your Loved One’s Death To Be A Wrongful One?
We understand that losing someone close to you can bring an insurmountable level of grief, pain, and anguish. It can be difficult to see through the haze of emotions and function rationally. However, as experienced personal injury lawyers, we implore you not to go after the person you think is responsible and avoid altercations. Also, please refrain from making definitive statements that reflect your personal opinions, whether to the police or on social media, before you consult an Oxnard wrongful death lawyer. We also do not advise that you deal with the negligent party’s insurance company alone. Let our legal team navigate those difficult waters for you because the adjuster may try to convince you to accept an amount that is far less than what you should get.
Also, as per California Law, the statute of limitations to file a wrongful death claim is two years from the death, unless it involves a governmental entity, which would shorten the length of the statute of limitations. However, we advise filing a claim as soon as possible when the case is new and evidence can still be investigated. As time passes, the trail goes cold, and the hope of getting the deserved compensation gets significantly less.
What Would Wrongful Death Damages Include?
The damages in a wrongful death case are not meant to punish the at-fault party. Instead, it is the state of California’s way of making sure that the victim’s surviving family does not have to bear any unnecessary financial burden brought about by the death. Here are some of the damages you may be able to receive in a wrongful death claim:
- Loss of love, companionship, and support
- Loss of household services
- Medical expenses related to the decedent’s final injury or illness
- Funeral and burial expenses
- Loss of future income and benefits such as retirement funds or Social Security
- Punitive damages if the wrongful death was caused by intentional or reckless misconduct.
Why Do You Need a Wrongful Death Attorney?
A wrongful death lawsuit can be complicated and emotionally draining. You need someone who gives you good odds at winning and knows the complete process to guide and advise you. Maho Prentice, LLP are personal injury lawyers with a combined experience of more than sixty decades.
Our law offices have handled more than enough cases to claim that we are one of the best law firms that provide satisfaction, trust, and transparency to our clients. We are with you every step of the way and ensure you are kept in the loop. Our Ventura County and Oxnard wrongful death lawyer have an immaculate track record. When you choose us, you don’t only get exceptional attorney services but also an arsenal of invaluable resources.
Contact us now for a free consultation.