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Wrongful Death Attorney Woodland Hills
Losing a family member or loved one is a painful and traumatic experience. The grief might become even worse if the death resulted from the negligence of another party. If you have lost a loved one due to a negligent action, hiring a wrongful death attorney in Woodland Hills is essential to getting you what you deserve.
Contact Sasha Bojat of the Bojat Law Group a compassionate and skilled accidental death attorney. Sasha is dedicated to providing the support and legal expertise you need during this difficult period. Trust Sasha Bojat to fight for justice for your family and help you get the compensation you deserve.
What Is Wrongful Death Case?
A wrongful death occurs when an individual dies due to another party’s misconduct, negligence, omission, or recklessness. Wrongful death is a civil case, and it can be brought against a government entity or person facing criminal charges for the same event.
If you have experienced the loss of a loved one due to someone else’s negligence or intentional harm, you may need the expertise of a wrongful death attorney in Woodland Hills, CA. In such trying times, seeking legal advice from an experienced wrongful death lawyer is crucial for understanding your rights and navigating the complexities of wrongful death litigation.
What Compensation Can You Seek in Wrongful Death Claim?
Compensation for the death of a loved one cannot ease the grief but can sort out the unexpected expenses that arose due to their death. There can also be some solace in the negligent party being held accountable for their actions.
However, insurance companies always look for the best possible outcome for themselves. This is why you require a lawyer or law firm with a deep understanding of wrongful death laws to fight for you and get you what you deserve.
What Are the Most Common Causes of Wrongful Deaths?
Common causes of wrongful death can vary widely, but some of the most frequent include:
- Car Accidents
- Medical Malpractice
- Workplace Accidents
- Product Liability
- Criminal Acts
- Premises Liability
- Nursing Home Abuse/Neglect
- Construction Accidents
These are just a few examples, and wrongful death can occur in car accidents and in various other circumstances. Each case is unique, and determining liability requires a thorough investigation by legal professionals.
Call Bojat Law Group for dedicated and experienced legal representation. Our team is committed to helping you secure the compensation you deserve after your accident. For expert assistance, call your trusted car accident attorney in Woodland Hills today.
How to File Wrongful Death Claims in California?
Filing a wrongful death claim in California involves several important steps, from determining eligibility to gathering evidence and initiating the lawsuit. Here is a detailed guide on how to file a wrongful death claim in California:
Determine Eligibility
In California, only certain individuals are allowed to file a wrongful death claim.
Identify the Cause of Death
The wrongful death claim must be based on a death caused by the wrongful act or negligence of another party.
Hire an Experienced Wrongful Death Attorney
Engage an attorney who specializes in wrongful death cases. An experienced wrongful death lawyer will help:
- Evaluate the merits of the case
- Determine the potential compensation
- Navigate legal procedures
Gather Evidence
To put together a compelling case, your lawyer will assist you in obtaining and arranging important documents, like:
- Medical records
- Death certificate
- Accident reports
- Witness statements
- Expert testimonies
- Financial documents showing lost income and expenses
Calculate Damages
The damages in a wrongful death claim can include:
- Economic Damages: Medical expenses, funeral and burial costs, lost income and benefits, and other financial losses.
Noneconomic Damages: Loss of companionship, emotional distress, and pain and suffering.
File the Claim
In California, a wrongful death lawsuit must be filed within two years from the date of the deceased person’s death. To file the claim:
- Draft a Complaint: This document outlines the allegations against the defendant and the damages sought.
- File the Complaint: Submit the complaint to the appropriate civil court in the jurisdiction where the death occurred.
Serve the Defendant: Provide the defendant with a copy of the complaint and a summons to appear in court.
Initiate Negotiations for Settlement
Many wrongful death cases are settled out of court. To arrive at a fair settlement, your attorney will bargain with the defendant’s legal team. If a settlement is reached, the case is resolved without going to trial.
Who Can File a Wrongful Death Claim in Woodland Hills
According to the California wrongful death laws, only specific people qualify to file a wrongful death claim. They include
- The decedent’s surviving spouse, domestic partner, and children
- Grandchildren of the decedent (in a case where the decedent’s children are deceased)
- A minor child who has received at least 50% of their financial support at the time of the decedent’s death.
- The decedent’s ‘putative spouse’ (an individual with good faith but mistaken belief that they were legally married to the deceased)
- Children of the decedent’s putative spouse
- Decedent’s parents and stepchildren
- Legal guardians of the decedent if the parents are deceased.
- The personal representative of the deceased’s estate
How Long Can You Sue for Wrongful Death?
In most states, the statute of limitations for filing a wrongful death claim is between one to three years from the date of the deceased person’s death. However, this period can vary:
- California: 2 years from the date of death.
- New York: 2 years from the date of death.
- Texas: 2 years from the date of death.
Can Wrongful Death Victims Seek Compensation?
If you have lost a loved one to wrongful death, you may be liable for monetary compensation. The settlement covers medical expenses before the death, funeral and burial expenses, loss of inheritance, and loss of health insurance and other benefits.
You can also get damages for loss of love and companionship and loss of consortium. The best wrongful death lawyers would work tirelessly to get you what you deserve.
If you are in Woodland Hills or surrounding areas like the San Fernando Valley, it is important to consult with a wrongful death lawyer who understands the local laws and can effectively advocate for your interests. A dedicated wrongful death attorney in Woodland Hills, CA, will guide you through the legal process, helping you to recover compensation and support you during this difficult time.
Difference Between a Survival Action and a Wrongful Death Claim
When someone dies in an accident, families often hear the term “wrongful death lawsuit” and assume it covers everything. But legally, there are actually two different types of claims that can come out of a fatal incident and they’re filed for different reasons.
- A wrongful death claim is about what the family lost when their loved one died. A survival action is about what the person who died experienced and suffered before passing away.
- Wrongful death claims are brought by surviving family members usually spouses, children, or parents. The money recovered goes to them, and it’s meant to cover their losses: the financial support they would have received, the help around the house they’ve lost, and the emotional void left by losing someone they loved and depended on. Funeral and burial costs can also be part of this claim, depending on the circumstances.
- Survival actions work differently. This type of claim belongs to the deceased person’s estate, not directly to the family. It’s basically the lawsuit the person would have been able to file if they’d survived. The damages here are tied to what happened between the time of injury and the time of death—things like medical bills from treatment, wages lost during that period, and pain and suffering the person endured. In some cases, survival actions can also include punitive damages if the defendant’s conduct was especially reckless or malicious.
- Both claims can be filed at the same time, especially if the person lived for any length of time after the accident—even if it was just hours or days. Filing both makes sure all the harm caused by the negligence gets addressed and that no category of loss is left out.
Because they’re separate claims with different beneficiaries and different types of damages, the legal process and documentation for each one can look pretty different, even though they stem from the same incident.
How Much Can You Get From a Wrongful Death Lawsuit?
The amount of money that may be recovered in a wrongful death case varies widely and is dependent on a number of variables. These variables include both non-economic losses like pain and suffering and loss of companionship as well as economic losses like medical costs and missed income. Punitive damages are also admissible in situations involving grave carelessness or deliberate injury.
The ultimate amount of compensation is determined by a number of factors, including state legislation, insurance coverage, the quality of the evidence, and bargaining abilities. In the end, no set sum of money is guaranteed in wrongful death cases, so it’s critical to have advice from knowledgeable legal experts who can handle the complexity of the case and seek the highest possible compensation from the state.
Frequently Asked Questions
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil case filed by someone’s surviving family members after that person dies because of another party’s negligence or intentional actions. The family can seek compensation for things like funeral expenses, the income their loved one would have earned, and the emotional loss of having that person in their lives.
How much does it cost to hire a wrongful death attorney?
You won’t pay anything upfront to hire a wrongful death attorney at Bojat Law Group, and we don’t bill by the hour. We handle these cases on contingency, which means our fee only comes out of what we recover for your family and only if we win.
Our percentage is taken from the final settlement or verdict. We’ll go over the exact number with you in writing before you agree to anything, and we explain it all during your free consultation so you know what to expect from the start. We also pay for all the costs that come up during the case—expert witnesses, medical records, filing fees, investigation expenses, whatever it takes. You don’t owe us a dime for those costs unless we actually recover money for you.
If there’s no recovery, there’s no fee and no out-of-pocket expense on your end. Calling us costs you nothing and puts you at zero financial risk.
How long does a wrongful death case usually take?
Every case is different, but our lawyers can review what happened at no cost and give you a realistic sense of how long things might take based on the specifics of your situation, the insurance policy limits, and how fast we can get the records we need.
If it’s obvious who was at fault and the insurance company is open to settling, a wrongful death case might wrap up in a few months once we’ve gathered all the evidence and put together a complete picture of your family’s losses. But if there’s a fight over liability, if more than one party is involved, or if we need expert testimony to prove your case, it could easily take a year or more especially if we end up filing a lawsuit and going to trial. We’re making sure the case is solid enough to get your family the full amount you deserve, not just whatever the insurance company offers first to make the problem go away quickly.
Lost Someone Due to a Wrongful Death? Call Bojat Law Group Today for a Free Consultation!
Wrongful death attorneys play a vital role in helping families cope with the aftermath of a loved one’s death due to negligence or intentional harm. By filing wrongful death claims, grieving families can seek justice, hold responsible parties accountable, and secure the financial compensation they need to move forward.
If you are in Woodland Hills or the greater Los Angeles area, don’t hesitate to reach out to a knowledgeable wrongful death lawyer from Bojat Law Group for a free consultation to discuss your case and seek legal advice.
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“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, CA 91361
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21550 Oxnard St, 3rd Fl., Woodland Hills, 91367, CA