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Wrongful Death Accident Lawyer in Camarillo
Have you lost a loved one in a wrongful death accident in Camarillo, and you are seeking retribution and compensation for your loss? Find out more on wrongful death accidents, and how our experienced wrongful death attorneys can assist you legally.
A wrongful death accident in Camarillo is a death caused as a result of the recklessness and negligence of another person or entity and guilty parties are held liable, both criminally and civilly. The criminal case is pursued separately from the wrongful death civil claim and surviving family members can file a wrongful death lawsuit.
Losing a loved one as a result of a wrongful death accident can be devastating and while no amount of money can bring back your loved one, a wrongful death attorney can help you seek retribution and compensation for the emotional harm caused by the actions of the at-fault party, loss of companionship, the loss of support which your loved one may have provided.
Holding the at-fault party responsible may help provide a sense of closure. Here, at Bojat Law Group, we are committed to assisting you with the legal assistance needed to ensure your claim, and ensure you get the maximum settlement you deserve.
What Constitutes a Wrongful Death Case in Camarillo?
A wrongful death lawsuit is a type of civil legal action that can be filed by the survivors of a deceased person who died as a result of the negligence or wrongful acts of another person or entity. A “wrongful death lawsuit” is only applicable where the deceased person in actuality, died as a result of another person’s negligence.
Certain wrongful death cases are filed based on behavior that is subject to criminal charges. When this is the situation, the two cases will be pursued separately and independently. There does not have to be a criminal conviction before a wrongful death lawsuit can be pursued, as some types of negligent behaviors or conducts can serve as a sufficient basis for filing such a lawsuit regardless of any alleged or proven criminal liability.
Common Types of Wrongful Death Cases
Here are the common types of wrongful death cases:
- Motor vehicle accidents- motor vehicle accidents involve all motor vehicles, cars, motorcycles, and trucks which are usually a result of negligent behavior such as; driving under influence, distracted driving, drunk driving, speeding, and auto defects.
- Defective products- defective products such as food products, pharmaceuticals, defective vehicles, dangerous toys, child care products, and toxic containers and foods can cause wrongful deaths.
- Workplace accidents- it is the responsibility of employers to keep their employees safe at work. Workplace accidents may include; transport industry accidents, manufacturing accidents, railway accidents, and so on.
- Medical malpractice-this typically results from negligence on the part of doctors and nurses. Examples of such instances include; wrong diagnosis, pharmaceutical errors, surgical errors, defective medical devices, and lack of informed consent.
Who Can File a Claim in a Wrongful Death Lawsuit?
California laws prevent just anyone from filing a wrongful death claim. Here is the list of people who can file a wrongful death lawsuit in Camarillo.
Surviving children of the deceased victim.
Children who have lost their biological or adoptive parents in a wrongful death accident in Camarillo may file a claim. Minors who have lived with the deceased for a minimum of 180 days, and relied upon them for financial support before the death, may also file a claim.
Even stepchildren who can prove that they were dependent on the deceased financially at the time of death may file a claim for wrongful death.
The surviving spouse of the deceased victim.
The surviving spouse of the deceased victim has a right to file a wrongful death claim.
Domestic partners who relied on the deceased financially may also file a wrongful death lawsuit.
The parents of the deceased victim.
Parents who have lost their minor or adult child in a wrongful death accident have the right to file a wrongful death lawsuit. Parents also have the right to seek compensation, if they can demonstrate they were dependent on their child financially.
Other family members
If there is no child, spouse, or parent surviving the deceased, under California intestacy laws, other family members deemed as heirs have the right to file a claim. The more distant the familial relationship is, the harder it will be to file a wrongful death claim.
What Damages Are Available in a Wrongful Death Lawsuit?
The following are the extent of losses that a survivor may be able to receive compensation for in a wrongful death lawsuit.
- Survival claim- that is, the deceased pre-death pain and suffering.
- Loss of intangible support- including guidance, care, love, nurturing, affection, encouragement, moral support, and more.
- Cost of medical expenses incurred as a result of injury before death.
- Funeral and burial costs.
- Loss of the deceased’s expected income.
- Loss of inheritance and value of the services the deceased would have provided.