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Wrongful Death Attorney Westlake Village
Has a loved one been involved in a wrongful death accident? Find out how we can help you seek justice and retribution for the losses you have suffered.
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Suddenly losing a loved one due to the negligent, or intentional act of someone else can be disorienting and aggravating. Being faced with significant financial difficulties without the support of the deceased can make life difficult, however, the compensation from a wrongful death lawsuit can help ease your burden.
No financial compensation can bring back your loved one, but seeking retribution can provide the recovery you need to piece your life together and return you to the position you were in before the accident occurred.
A wrongful death attorney in Westlake Village can help you obtain the compensation you deserve. At Bojat Law Group, we do our best to ensure that the survivors of the deceased victim are properly compensated for the emotional distress and trauma caused by the actions of the party responsible for the accident.
What is a “wrongful death” lawsuit?
If someone is killed due to negligent, reckless behavior, or intentional act another surviving family member or estate of the deceased can file a claim, known as “wrongful death”. The wrongful death claim is designed to compensate relatives or loved ones who depended on the deceased for support.
This lawsuit is only applicable when the deceased’s death in fact resulted from negligence. To receive this claim, loved ones filing the claim will have to prove the negligence of the at-fault party.
Common causes of wrongful death
Some of the common causes of wrongful death include;
- Fatal motor vehicle accidents – All fatal motor vehicle accidents caused as a result of negligent behavior such as DWIs, DUIs, distracted driving, speeding, and others.
- Product liability – Defective products including automobiles, pharmaceuticals, food products, machinery, and others can result in wrongful death.
- Medical malpractice – There are situations where medical practitioners make errors, and cut corners, allowing wrongful death accidents to occur. Some examples of medical malpractice wrongful death cases include defective medical devices, pharmaceutical, and surgical errors, and improper diagnosis or treatment.
- Fatal workplace accidents – Employers are obligated to keep their employees safe while at work. Workplace accidents are common and can sometimes result in wrongful death.
Who can file a wrongful death lawsuit?
Here is the list of people who can file a wrongful death lawsuit in Westlake village.
- Spouse
The surviving spouse of the deceased victim can file a wrongful death lawsuit for the pain and suffering suffered by the victim before death, loss of companionship, trauma, and emotional distress.
- Children
Minor children including adopted and step-children are entitled to compensation for loss of parental support, companionship, guidance, instruction, and emotional trauma.
- Parents
Parents who have lost a child to wrongful death can file a wrongful death lawsuit. Each parent may be entitled to compensation if they were financially dependent on the deceased. They can also pursue compensation for mental pain and suffering if there are no other survivors.
- Other family members
Other family members of the deceased victim deemed as heirs, can file a wrongful death lawsuit if there are no surviving spouse, children, or parents of the deceased.
Each surviving family of the deceased may recover the value of lost services, support, and emotional distress from the date of the deceased injury to their death, and future loss of services and support.
It is imperative to remember that only wrongful death lawsuits can only be filed once. If there are disputes to the claim, it will be in the survivors’ best interests to seek counsel from an experienced wrongful death attorney in Westlake Village to make the process smooth and efficient, and also assist in determining a proper claim.
The elements of a wrongful death case
When filing a wrongful death claim, the party seeking compensation must prove the negligence of the at-fault party. There are four elements of wrongful death cases, they are;
Duty
The plaintiff must prove that the defendant owed a duty of care to plaintiff
Breach of duty
After establishing a duty of care, plaintiff must prove that defendant breached that duty.
Causation
The plaintiff must prove that the breach of duty resulted in the death of their relative. They are also required to prove how the defendant’s acts or behavior led to the death of their loved one. In short, that the death was caused by the breach of the duty.
Damages
The plaintiff must prove damages in a wrongful death case, which would be the death of the person on whose behalf a lawsuit is brought forward.
Damages in a wrongful death lawsuit.
More specifically, damages available in a wrongful death lawsuit in Westlake village include;
- Pre-death pain and suffering
- Loss of inheritance
- Loss of instruction and guidance
- Loss of support or consortium
- Burial and funeral expenses
- Pre-death medical expenses
- Loss of companionship
- Loss of the deceased expected income
Sometimes, punitive damages may be awarded in situations where a party’s intentional acts or grossly negligent actions resulted in wrongful death. This damage serves to punish the at-fault party, and deter others from engaging in similar behavior.
How are wrongful death settlements paid out?
There are two ways wrongful death compensation can be paid out, they include;
Lump-sum payment – This is when the plaintiffs receive full settlement payout for damages.
Structured settlement agreement – This occurs when plaintiffs are paid in installments.
How our wrongful death attorney in Westlake village can assist you.
Wrongful Death lawsuits can be exhausting, and mentally draining. When filing a wrongful death lawsuit, consulting a wrongful death attorney is in your best interests. An experienced wrongful death attorney will assist you through the process, advocate, and negotiate on your behalf.
At Bojat Law Group, our attorneys understand the distress of losing a loved one to wrongful death, we are committed to seeking maximum compensation for the surviving family members and ensuring they get the best possible outcome.
