Ventura Wrongful Death Lawyers
After a fatal accident has claimed the life of someone you love, protecting any legal rights you may have to recover compensation is probably not your first priority. Right now, life is about getting through one moment and then the next, about beginning the process of coming to terms with what has happened.
At the same time, it may be necessary for you to at least talk to a lawyer about your legal rights and options – someone who can protect those rights so that you can focus your attention on what's really most important to you. Whether your loved one died due to unsafe property conditions or in a car accident, you may be able to pursue a wrongful death claim against the person who caused their death.
Since 1989, the attorneys at NordstrandBlack PC have fought to obtain maximum compensation for the families of accident victims in Ventura. We encourage you to contact us at (805) 962-2022 to schedule a free consultation and, if you like, to let our experienced Ventura wrongful death lawyers fight for you and your family.
A family member can file a wrongful death claim if their loved one died due to the negligent actions of another person, according to California’s Wrongful Death Statute. In general, wrongful death claims are similar to personal injury claims, with a few key differences.
With personal injury claims, an injured party (the plaintiff) can demand financial compensation from the person who injured the defendant if that person injured them through an act of negligence. In the case of a wrongful death claim, if a plaintiff who suffered a fatal injury would have been able to file a personal injury claim had he survived, then his family would be able to file a wrongful death claim on his behalf. This claim can cover the costs of the plaintiff’s remaining medical bills, funeral expenses, lost future wages, and other expenses his family incurred due to the plaintiff’s death.
As with personal injury claims, the plaintiff’s family must prove that the death was caused by to the negligent actions of someone else. Negligence refers to any act of carelessness that violates the duty of care we owe each other. For example, all drivers have a duty of care towards everyone on the road, including pedestrians and bicyclists. If a driver was texting and caused a collision that killed another person, then the victim’s family could file a wrongful death claim against the at-fault driver.
At NordstrandBlack PC, we handle wrongful death claims involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Dangerous roadways
Only certain individuals can file a wrongful death claim in the state of California, including the deceased’s:
- Domestic partner
Wrongful death claims follow the order of succession listed above, meaning that the first person who can file a wrongful death claim is the deceased’s spouse or domestic partner. If the deceased was unmarried but did have children, then those children can pursue a wrongful death claim. If the deceased was single and did not have any children, then his parents and siblings could pursue a claim.
A court may divide compensation among the deceased’s family members depending on their relationship to the deceased. For example, if the deceased shared a home with a sibling or parent and contributed to the household income, then the court could assign the surviving member more compensation to make up for the drop in household income.
Only one wrongful death claim can be filed on behalf of the deceased. Typically, this means that one family member will act as the deceased’s representative and the funds will be distributed throughout the family. At NordstrandBlack PC, our lawyers can represent your family in a claim and outline how each member can receive compensation.
Losing a loved one is not something any amount of money can "fix." We know that the deeper cost – the human cost of a wrongful death and its effect on a family are much more difficult to measure. However, we do use our resources to ensure that those losses are compensated as fairly and as fully as possible in every case.
Generally, damages in these fatal accident cases can include compensation for:
- Medical expenses related to the deceased’s injuries
- Funeral and burial costs
- Property damage, such as a damaged vehicle or home
- Losses of expected income
- Loss of consortium, such as companionship, support, and love
- Pain and suffering related to the deceased’s injuries
- Punitive damages may also be awarded in some cases
When we represent clients in a fatal accident case in Ventura, we have expert economists calculate the financial impact of the death on the family. They estimate the value of a spouse's lost earnings as well as non-economic contribution to the home. Similarly, when a surviving family member needs to hire someone to help with childcare, grocery shopping, and other daily chores, they are also entitled to compensation for the cost of these services.
Nothing is more difficult than losing a loved one. While no amount of money can take away your grief, filing a wrongful death claim and recovering compensation can help your family deal with the financial consequences of your loved one’s death. You may be worried about how you are going to cover the costs of your loved one’s remaining medical bills, deal with the sudden drop in household income, and take care of children on your own. By working with a team of skilled attorneys and filing a wrongful death claim, you may be able to recover these costs and get the helping care you need to move past this tragic event.
There is no fee for sitting down and meeting with us. We offer every potential client a free consultation to speak with an experienced attorney who can answer all of your questions and concerns. We have more than 40 years of experience and have recovered hundreds of thousands of dollars in previous cases. We also work on a contingency-fee basis, meaning there are no legal fees to pay unless we win.
If your family has suffered the loss of a loved one due to someone else’s negligence, learn how we can help by contacting us at (805) 962-2022 to speak with a Ventura personal injury attorney in a free consultation.