Oxnard Wrongful Death Lawyer
Lost a Loved One Due to Someone's Negligence in Oxnard?
What Is a Wrongful Death Lawsuit
A wrongful death lawsuit is a legal claim filed when someone loses their life due to another party’s negligent, reckless, or intentional actions.
When a cardiologist ignores the clear signs of a heart attack, when a drunk driver destroys a family, or when faulty construction equipment takes the life of a worker – the law recognizes this as wrongful death. This is not just another legal formality – it is your right to justice when someone has taken your loved one away.
California law gives specific rights to families in such circumstances. However, not every tragic death provides ground for a lawsuit. For a wrongful death case to be legally valid, we must prove:
- That death is directly caused by the actions of others
- That the death occurred due to negligence, recklessness, or intentional misconduct
- That the family is experiencing specific financial consequence
- That there is a legal representative for the deceased’s estate
Had the person survived the accident, they would have had the full right to sue for the personal injuries they suffered. That right now belongs to their family.
It’s not just about obtaining financial compensation. It’s about holding someone accountable when:
- A doctor overlooks clear symptoms
- An employer prioritizes profit over safety
- A manufacturer releases a defective product
Who Can File a Wrongful Death Claim In California
California law precisely California Code of Civil Procedure Section 377.60 defines who is entitled to file a lawsuit when losing a loved one due to someone else’s negligence:
Primarily this right belongs to:
- The spouse or legal partner
- The children of the deceased
- The descendants of the deceased’s children
If the deceased has no direct descendants, the law recognizes other categories as well. One of them includes those who were financially dependent on the deceased such as:
- An unmarried partner who, in good faith, believed in the validity of the marriage may file a claim, as can their children and stepchildren.
The law also allows the personal representative of the deceased to file a claim on behalf of all the aforementioned individuals. These provisions apply to all cases after January 1, 1993.
Common Causes of Wrongful Deaths in California
Car accidents are the leading cause of wrongful death in California. In 2023, over 150 fatal crashes were recorded in Oxnard alone, claiming more than 160 lives.
- Highway 101 crashes are especially frequent because of the high traffic density
- Drunk driving and phone use are major causes
- Motorcyclists are especially vulnerable on coastal roads
- In 2021, there were 1,108 pedestrian fatalities in California
- Oxnard Boulevard intersections are especially dangerous
- Tourist areas report increased accidents
Workplace Accidents
- Docks and warehouses record the most fatal injuries
- The agricultural sector has a high accident rate
- The construction industry leads in the number of falls from heights
Defective Products
- Defective auto parts
- Faulty medical equipment
- Dangerous toys and household appliances
If you have lost a loved one because of someone else’s negligence, call us for a FREE CONSULTATION. Our Oxnard car accident lawyer will explain your rights under California law and your options for legal protection.
How Our Oxnard Personal Injury Lawyers Can Help After a Fatal Accident
The loss of a loved one is traumatic in itself, especially when it is unexpected and avoidable. Although money cannot buy back a lost life, it can help you overcome financial challenges that follow.
The legal process does not have to be another burden during this difficult period. Our team takes care of the entire case while you focus on grieving and the family. We stand ready to oppose insurance companies, hospitals, and anyone who tries to reduce your damages.
Your personal injury attorney from Bojat Law Group will:
✓ Investigate the circumstances of the accident in detail and determine the legal basis for the claim
✓ Identify all parties responsible – from individuals to institutions
✓ Gather key evidence: police reports, witness statements, expert opinions on long-term financial losses
✓ Negotiate with insurance and other parties for out-of-court settlement
✓ Prepare a lawsuit and represent you in court if necessary, citing California’s law on wrongful death
Don’t worry about the cost – we work on contingency basis. If we don’t provide you with a settlement, you don’t owe us anything.
Damages You Can Claim In a Wrongful Death Case
- Lost future earnings and income
- Unrealized inheritance and assets
- Funeral and medical expenses
- Loss of retirement benefits
- Costs of psychological support for the family
Recovering Damages Through a Survival Action
- The cost of treatment and medical care
- Lost earnings during the treatment period
- Property damage
- Physical pain and mental suffering (in specific circumstances)
Our Wrongful Death Case Results
$5.5M – Tragic incident in the Ventura County
$3.0M – Fatal traffic accident
$2.0M – A fatality at a construction site
$1.2M – Accident with heavy vehicle
$950K – Crash at the crossroads
$750K – Exposure to toxic substances
Schedule a Free Consultation With Our Oxnard Wrongful Death Lawyer
Bojat Law Group is not the biggest law firm in Oxnard, but we take pride in our personal approach. Each client receives direct contact with the lawyer handling his case. We do not pass on the course to assistants or trainees.
We work exclusively on a success basis. We do not charge for services until we receive your case. Our fee is a percentage of the actual compensation. No hidden fees or surcharges.
Our team is available whenever you need us. We are fluent in English, Spanish, and Serbian. Whereas large firms rely on the quantity of items, we focus on the quality of representation and the personal relationship with each family.
If you have lost a loved one because of someone else’s negligence, call our Oxnard wrongful death lawyer for a FREE CONSULTATION or submit a free case review form. Time is of the essence in such cases. The sooner we start working on your case, the better the chances of getting a fair settlement.
Frequently Asked Questions
The statute of limitations for wrongful death claims in California is typically two years from the date of the deceased’s death. However, certain exceptions may apply, so it’s important to consult an attorney promptly.
Fault is determined by proving:
- The defendant owed a duty of care.
- They breached that duty through negligence, recklessness, or intentional misconduct.
- The breach directly caused the death.
The process includes:
- Identifying eligible family members or a personal representative to file the claim.
- Gathering evidence to prove liability and damages.
- Filing a complaint in civil court.
- Negotiating a settlement or proceeding to trial, if necessary.
Not all cases go to court. Many wrongful death claims are resolved through settlements. However, if a fair agreement cannot be reached, the case may proceed to trial.
Recoverable damages include:
- Economic damages: Medical bills, funeral costs, and loss of income.
- Non-economic damages: Loss of companionship, emotional distress, and guidance.
- Punitive damages: In cases of extreme negligence or intentional harm.
Eligible parties include:
- The deceased’s spouse or domestic partner.
- The deceased’s children or descendants of deceased children.
- Others financially dependent on the deceased, such as parents or stepchildren.
Yes, a survival action can be filed to recover damages incurred by the deceased between the injury and their death, such as medical expenses or lost wages. These damages belong to the deceased’s estate.
Get a Free Consultation Today!
“Sasha was absolutely amazing!! Very attentive, very communicative, and would always handle each interaction with white gloves. He worked with the very best to make sure I was taken care of and recovered accordingly. At the end of the day, he exceeded my expectations by a large margin. Thank you, Sasha!!”
Andrew Schmidt
“Bojat Law Group is a group that actually cares about its clients. They helped me with a case I would have lost if I had gone to anyone else. They provided a life changing experience and I will never go to a different law group in regards to personal injury.
They transparent this law group is one of a kind and I couldn’t be more grateful to have found them.”
Dylan Short
“Sasha was wonderful handling my case. Explained everything in detail where we could understand the process. My case was handled smoothly and efficiently. His eased all our worries when it came to getting compensation for my case. Very accommodating! Would recommend him to anyone.”
Bethany Braun
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Westlake Village Office
2829 Townsgate Road, Ste. 100
Westlake Village, CA 91361
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Westlake Village
2829 Townsgate Road, Ste. 100, Westlake Village, 91361, CA
Woodland Hills
21550 Oxnard St, 3rd Fl., Woodland Hills, 91367, CA