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Wrongful Death Lawyer Calabasas
Wrongful death is a death caused by the negligence or wrongful act of another, and a lawsuit is filed for damages. Bojat Law Group, provides aggressive legal representation to people who have lost their loved ones as due to negligent act of another. Contact us today.
The sudden death of a loved one from an accident, or due to medical malpractice can be devastating, the survivors of the deceased may be wondering if they have a case, or if their case is valid. They may be entitled to file a wrongful death lawsuit, to receive compensation for losses resulting from the untimely death of a loved one.
At Bojat Law Group, we understand the grief survivors of a wrongful death accident victim are experiencing, our wrongful death attorneys are dedicated to helping the survivors of the deceased get the compensation they deserve.
Wrongful death lawsuits
A wrongful death lawsuit is a civil claim that can only be applicable when the negligent actions of another resulted in the victim’s death. The purpose of wrongful death is for the survivors of the deceased to obtain financial recovery for pre-death pain and suffering of their loved one, and other losses incurred as a result of their loved one’s injury, and death.
Sometimes, the guilty parties of wrongful death may be subject to both criminal and civil liability, which are pursued independently. Usually, the criminal takes place before the civil trial, but a wrongful death lawsuit can be pursued even when the defendant is acquitted of the crime.
Who can file a wrongful death lawsuit?
Under California laws, these are the people who can file a wrongful death lawsuit.
The deceased’s spouse– A domestic partner who relied on the victim financially, or the surviving spouse of the deceased, even if separated during the time of death can file a wrongful death lawsuit.
Children— The adopted or step-children of the deceased can file a wrongful death. Even minors who had lived with the deceased for up to 180 days before the accident, and relied on them for support are eligible to file a claim.
Parents— Parents who have lost their child to wrongful death can file a lawsuit.
Other family members deemed as heirs — other family members can file a claim if there are no other survivors.
Only one lawsuit can be filed in a wrongful death case. Seek legal advice from an experienced wrongful death attorney to assist you through the process of filing a lawsuit, settling any disputes that may arise, and obtaining maximum compensation.
The surviving family of the deceased may each recover the value of losses suffered as a result of the death of their loved one.
What is involved in filing a wrongful death lawsuit?
If the death of your loved one was caused by the negligent or intentional act of another, your Calabasas wrongful death attorney will review the details of your potential case to determine whether or not you have grounds to file a lawsuit.
Your wrongful death lawyer will draft a legal complaint document to begin the process of filing your claim.
Liability in a wrongful death accident
There are a wide range of people that may be liable in a wrongful death lawsuit, depending on the nature and cause of death.
Those who may be held liable in a wrongful death claim include the following:
- Negligent driver— the driver whose reckless actions caused the accident. Such negligent actions may involve; speeding, disregard for traffic signals, DUI, and distracted driving.
- Property and business owners, for failing to keep their premises safe from hazards that would cause harm.
- Product manufacturers and distributors for producing and marketing defective products.
- The hospital, doctor, or nurse whose negligence caused the death of your loved one.
- Any person whose intentional or negligent actions caused the death of your loved one.
Proving liability in a wrongful death lawsuit
In California, the statute of limitations is two years from the date of the incident for filing a wrongful death lawsuit. As with any claim, the claimant(s) must prove the negligence of the at-fault party.
Four elements of wrongful death must exist for the plaintiff to win the case. These include:
- A person died;
- The cause of death was a result of the negligent or intentional acts of the defendant;
- The surviving family members are suffering financial losses as a result of the death;
- A personal representative of the deceased’s estate has been appointed.
Negligence is when a person who owes another a duty of care, fails to exercise reasonable care, and this careless behavior results in the injury or death of another.
Your wrongful death attorney will prove negligence or intentional actions with evidence gathered through investigation, medical reports, bills, witnesses’ testimony, and others.
What type of compensation is available in a wrongful death lawsuit?
A wrongful death lawsuit is intended to put the survivors of the deceased in the financial position they would have been in had the death not occurred.
Through a wrongful death lawsuit, survivors may obtain compensation for the following:
Economic damages– this is compensation for all tangible losses, such as pre-death medical expenses, funeral and burial expenses, other expenses from the time of injury until death, anticipated future income.
Non-economic damages– this is compensation for intangible losses, such as pain and suffering, loss of instruction, parental support and guidance, loss of consortium, loss of enjoyment of life
Punitive damages– this is an additional amount that may be awarded to survivors of the deceased for willful or grossly negligent actions of the at-fault party.
How can a wrongful death attorney help?
At Bojat Law Group, our legal team provides aggressive representation and credible legal advice. We have the knowledge and skills to ensure that survivors of the deceased get fair compensation.
Our wrongful death attorneys can help in the following ways:
- Investigate and collect evidence to determine the cause of death, and prove your claim, such as Calabasas police records, accident reports, medical records
- Calculating the full value of damages, both present, and potential future losses.
- Filing the wrongful death lawsuit and other necessary legal documents.
- Representing you in court hearings.
Contact Bojat Law Group, online to request a free consultation and case review. We will provide all the legal assistance you need.