Ventura Wrongful Death Attorney
Losing a loved one is an incredibly difficult experience. It becomes even more difficult when your loved one died due to a tragic accident caused by negligence. If you lost a family member because of someone else’s dangerous or reckless actions, you can seek compensation through a wrongful death claim.
No amount of money will bring your loved one back. However, pursuing a wrongful death suit will hold guilty parties accountable, forcing them to pay for what they have done. The compensation that you and your family receive through a wrongful death case can be used to pay for medical bills, funeral expenses, burial costs, and more.
If you’d like to pursue a wrongful death case, contact our Ventura wrongful death attorneys today.
Who Can File a Wrongful Death Lawsuit?
Though many people are likely affected by your loved one’s death, not all of them can file a wrongful death claim. In California, state laws limit who can file a wrongful death lawsuits on behalf of the deceased. In most cases, it depends on the familial relationship between the person seeking a lawsuit and the person who has passed.
A wrongful death suit can be filed by any of the following people:
- The spouse of the deceased
- The children of the deceased
- Any unadopted children of the deceased
- The putative spouse of the deceased
- The parents of the deceased
- Anyone financially dependent on the deceased
Most wrongful death cases are brought forward by the deceased person’s spouse or children. If you are unsure whether you can pursue a wrongful death lawsuit, contact our law firm today for further assistance.
What Does a Ventura Wrongful Death Lawyer Do?
Pursuing a wrongful death claim can be a long process. Working with a wrongful death attorney is the best way to recover the maximum wrongful death compensation that you and your family deserve.
When you work with our law firm, we will take the following steps:
Filing the Lawsuit
Wrongful death claims must be filed in court. Filing paperwork incorrectly or after the deadline could result in your case getting denied automatically. Our wrongful death attorney will handle all legal paperwork so you can focus on your family members.
Gathering Evidence
You must be able to prove that your loved one died due to negligence to win a wrongful death suit. We will gather evidence like depositions, witness statements, photos, accident reports, and more to bolster your wrongful death claim.
Challenging the Defendant’s Case
The defendant in your case will almost certainly have a legal defense strategy to avoid paying you compensation. We will examine the other side’s case and find fallacies or incorrect information to protect your rights.
Negotiating for Maximum Compensation
There is a chance that an insurance company or the liable party will offer a small settlement amount that doesn’t make up for all of your expenses. If that’s the case, we can use negotiation tactics to get the fair compensation you deserve.
Representing You in Court
Although it is uncommon, your lawsuit may go to trial before a jury or judge. If that happens, our Ventura wrongful death lawyer will present evidence in your favor to get the best possible outcome in your case.
How Do You Prove Liability in a Wrongful Death Lawsuit?
Proving liability is essential when pursuing a wrongful death case. If you can prove liability, it is very likely that you will receive compensation.
You must prove the following elements in a wrongful death suit:
- Your loved one has died. You can use their death certificate as proof that they have passed away.
- Their death was caused by negligence or misconduct. This includes intentional harm, reckless behavior, or general negligence.
- The negligence directly caused your loved one’s death. You must show a link between the defendant’s actions and the death of your loved one.
- The defendant owed your loved one a duty of care. You must also prove that the defendant breached this duty of care because of their negligent actions.
- The surviving family of the deceased suffered from damages. Damages can include economic and non-economic financial burdens.
What Kind of Compensation Can You Receive in a Wrongful Death Lawsuit?
The type of compensation you can receive in a wrongful death case depends on the specific circumstances of the accident. In most cases, families request damages for any financial losses they suffered or are suffering because of their loved one’s death. Our personal injury attorney will help you determine what kind of damages are relevant to your case.
A victim’s family will typically request the following types of damages:
Economic damages have a specific price tag attached to them. They can often be proven with receipts or bank statements. Economic damages include:
- Medical expenses for your loved one’s care before their death
- Burial expenses and funeral-related costs
- Lost wages
- Loss of future income
Non-economic damages don’t have a specific price tag and are often related to emotional distress. These damages include:
- Loss of companionship
- Loss of emotional support
If the defendant is found to have behaved extremely recklessly or dangerously, your family may be awarded additional punitive damages. These damages are meant to discourage the defendant from acting dangerously in the future. Damages like these are most often awarded in drunk-driving cases.
Why Should I File a Wrongful Death Lawsuit?
We understand that no amount of money can bring your loved one back. Because of this, some families wonder why it is even worth the effort to pursue a wrongful death case.
There are many reasons why filing a wrongful death suit can be helpful for you and your family, including:
- Seeking justice: Holding the responsible party accountable for their actions allows you and your family to get closure and seek justice. You could even prevent another person from being injured or killed in the future under the same circumstances.
- Getting closure: Many families find that pursuing a wrongful death case allows them to find closure after a loved one’s death.
- Easing financial pain: Losing a loved one can come with many expenses. Compensation can help pay for your necessities while you grieve.
How Can a Wrongful Death Attorney Help Me?
Losing a loved one is a very painful experience. If your loved one died because of someone else’s actions, you deserve to recover maximum financial compensation and seek justice on their behalf, this is how our Ventura wrongful death lawyers can help.
Our Ventura wrongful death attorney will stay by your side every step of the way, pursuing your case until you get the outcome you deserve. If you are looking for compassionate legal representation, look no further than Skinner Law Corp. Call for a consultation about your case.