Ventura Wrongful Death Lawyer

Wrongful death is the death of one person because of another’s negligence. A fatal car accident, workplace accident, shooting, drug overdose or another incident can cause wrongful death, leaving surviving family members to deal with expensive medical bills and lost income, on top of emotional turmoil. California civil laws enable families to seek financial restitution in these situations.

If you lost a loved one in a California wrongful death accident, contact our wrongful death lawyers to discuss your case. We are available 24 hours a day, every day of the week, to answer client calls. Your family may be eligible for compensation. Why choose us as your representatives?

• We have years of experience exclusively handling personal injury and wrongful death claims, giving us in-depth knowledge of the subject.
• We care about client well-being and only charge for our legal services if we secure financial compensation on behalf of the client.

QUESTIONS TO ASK YOURSELF WHEN CONSIDERING REPRESENTATION

All states have some form of a wrongful death claim law that they use. When considering representation and suit as to a client’s losses arising from wrongful death in California, there are several initial issues to explore:

• Is your client’s relationship to the decedent such that your client has a claim at all;
• Who else has a claim;
• What damages can be sought by whom; and
• What are the causes of action to be pleaded in the complaint?

The plaintiffs in any wrongful death case are the heirs of the decedent. In the case of the death of a child, the heirs are the parents. If the deceased person was married, then the heirs are the spouse and any children. If the deceased person was not married, then the heirs would be the children, if any, followed by the parents, if any survive, followed by siblings. In some cases, the determination of the proper heirs may be quite complicated, but it is essential that the proper heirs all be involved in any wrongful death claim since the law requires all heirs to be names as either plaintiffs or defendants in any wrongful death claim.

COMMON CAUSES OF WRONGFUL DEATH

Wrongful death cases often involve accidents that would have given the victim the right to file a personal injury claim, had the incident not been fatal. Families may be able to ascertain if they have grounds for a claim if the deceased person would have had the elements of a personal injury claim. The most common causes of wrongful death and personal injuries are the same.

• Motor vehicle accidents
• Falls
• Accidental poisoning
• Acts of violence
• Swimming pool accidents
• Medical malpractice
• Defective products
• Fires and explosions
• Drug overdose

Grounds for a claim include establishing that someone else owed your loved one duty of care, breached this duty, and caused the accident in question. Fatal accidents at work, on the road, or on someone else’s property could all lead to wrongful death claims. A lawsuit could be the only way in which a family can recover financial losses after an unexpected death.

DO YOU NEED A WRONGFUL DEATH LAWYER?

A lawyer can help you navigate California’s complex wrongful death laws. Instead of listening to the biased advice from insurance companies, you can receive honest counsel from a wrongful death lawyer. An insurance company will try to minimize your family’s financial recovery, while an attorney will work hard to maximize it. If you suspect someone else negligently contributed to your family member’s death, hiring a lawyer can immediately begin the legal process. Your lawyer will take care of your claim while you focus on emotional healing.

In California, a wrongful death claim is a civil suit that seeks damages from the defendant for such things as medical and funeral expenses, future earnings, loss of companionship, pain and suffering, and other types of physical, emotional, and financial damages. The claim must be filed within two years of the death.

CALIFORNIA WRONGFUL DEATH LAWS

Only certain family members will have the right to pursue wrongful death damages in California. The law states that a deceased person’s surviving spouse, domestic partner, or children have the power to file a wrongful death claim. If these parties do not exist, anyone with an interest in the deceased person’s property by intestate succession may bring the wrongful death claim. This may include the decedent’s parents or siblings.

The decedent’s surviving spouse, children, dependent stepchildren (and dependent minors residing in the household for at least six months), and dependent parents can always state a claim for wrongful death. Code Civ. Proc. § 377.60 permits recovery for these categories of relationship in all circumstances, notwithstanding any intestacy laws. If there are none of these heirs, the law of intestate succession governs. Code Civ. Proc. § 377.60(a); and Probate Code § 6402.

Claimants in California only have two years from the date of death to file their wrongful death lawsuits. The two-year statute of limitations is strict. Missing the deadline generally means losing the right to request compensation. The damages available in a wrongful death claim include funeral and burial compensation, medical bill payment, and recovery for mental anguish

RECOVERING & COMPENSATION FROM WRONGFUL DEATH

Recovering from the loss of a family member is one of life’s most difficult challenges. Following your loss, the weight of the new responsibilities that rest upon your shoulders may seem too difficult to bear. The wrongful death attorneys at the Maki Law Firm have in-depth knowledge of wrongful death and personal injury law. Our litigators will aggressively pursue your interests. If your loved one has been killed as a result or fault of another, consider contacting our office today for additional information about a wrongful death claim. Our experienced attorneys can answer questions specific to your case.

Wrongful death cases require experienced attorneys to maximize the recovery for the family of a person killed by another’s negligence or fault. With over 20 years of experience and the reputation as a firm with formidable litigators, we will aggressively pursue your interests. Wrongful Death Lawyer Kevin Maki will provide you with unsurpassed legal representation. The initial case analysis is always free, and you will owe no legal fees or expenses until you receive an award.

At the Maki Law Firm, we know that losing a loved one is devastating.  When you have lost a spouse or a child in a preventable accident, you deserve to be compensated.  California law entitles a wrongful death victim’s heirs to loss of love, society, companionship, financial support, household services and funeral and burial expenses.

When you lose a loved one because of another person’s negligence, you should speak with an experienced Ventura personal injury lawyer.

What is a Wrongful Death Accident?

Wrongful death law is similar to personal injury law. Wrongful death accidents happen when a person sustains a fatal injury as a result of another person or entity’s negligence or wrongful act. Within this type of law, the heirs of the deceased person may be eligible to file a claim for compensation based on their loved one’s fatal personal injury.

Wrongful death claims occur when an accident victim suffers a fatal injury and no longer can file a personal injury lawsuit on her own behalf. In other words, under the California Code of Civil Procedure, the survivors step in for the deceased by filing a lawsuit that is similar to a personal injury claim.

However, wrongful death claims have their own statute of limitations, and the survivors of the deceased may be entitled to different kinds of compensation than what is normally available in a personal injury lawsuit.

Filing A Wrongful Death Lawsuit

Who can file a wrongful death claim? Under California Code of Civil Procedure 377.60, the following people may be able to bring a lawsuit:

• A spouse or domestic partner of the deceased
• Children of the deceased
• Parents or siblings of the deceased; and/or
• Grandparents of the deceased’
• Minors who resided in the decedent’s house for 180 days before his/her death and who was financially dependent on the decedent

Depending on the particular case, other parties may be able to file a claim. To learn more, you should contact an attorney with experience handling wrongful death accidents in Ventura.

Punitive Damages In A Wrongful Death Lawsuit

Punitive damages are available in a wrongful death lawsuit if the decedent survived the accident, however briefly, or if the property of the decedent was damaged or lost before death.  A showing that the decedent died minutes after he or she sustained an injury for which punitive damages are sought is sufficient to meet this requirement.  However, if the action is based on a death that resulted from a homicide for which the defendant has been convicted of a felony, punitive damages may be recovered by the personal representative regardless of whether the decedent died instantly or survived the accident for a period of time.

Types of Wrongful Death Accidents in California

Accidents can occur anytime and can happen anywhere. In most cases, the types of accidents that lead to personal injury claims can also result in wrongful death lawsuits. The Quirk Law Firm, LLP regularly handles wrongful death cases related to some of the following fatal accidents:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Dog bites
• Slips and falls
• Home fires

Contact An Experienced Accident Attorney

When you file a wrongful death claim, you may be eligible for significant damages. In addition to compensatory damages designed to help you pay for hospital bills, funeral expenses, and lost wages connected to the deceased’s accident, you also may be eligible for compensation related to your psychological and emotional losses. Contact us immediately to learn more about how we can help.  We are available 24/7 and our strategy sessions are always free.  We look forwarding to helping you.

CONTACT US TODAY

The wrongful death lawyers at the Maki Law Firm care about the families of those wrongfully killed. No matter what caused your loved one’s recent death, if you suspect negligence played a role, we can help. Our lawyers can investigate your case, file a claim within the two-year deadline, and negotiate a settlement on your family’s behalf. We are not afraid to take a case to trial if we believe it is in the client’s best interests. Learn more about your case today, during a free consultation.

CALL US TODAY FOR A FREE CONSULTATION: 805-267-1222