Ventura Wrongful Death Attorney
When you place the life of a loved one or parent in another’s hands, this is the ultimate level of trust. When this trust is broken, and you believe that the victim died for the wrong reasons, you should work with a legal attorney to investigate this case. Wrongful death cases are often based upon the negligence of a health practitioner or caretaker. They can also be due to a careless driver or business owner with poorly managed property. There must be evidence pointing to the death of the victim to prove that this outcome could have been avoided if necessary precautions had been followed. You can learn more about what defines a wrongful death to help you move forward with your wrongful death claim.
If someone died due to negligence, you can stand up for their rights and help your family receive damages on their behalf. Work with a Ventura County wrongful death attorney who will fight for justice. Call Personal Injury King law offices today for a free consultation.
How To Manage A Wrongful Death
While the victims’ families are mourning the loss of a loved one, it can be difficult to focus on demanding compensation for them. You can learn what steps to take and what justifies a wrongful death to help you understand how the process works.
What Qualifies As Wrongful Death?
This can be considered wrongful if it occurs due to the misconduct or negligence of another. Many activities can result in wrongful death. This can include the following:
- Medical Malpractice
- Manufacturing defects
- Motor vehicle accidents
- Toxic torts
- Criminal deaths
A case such as this is not limited to these events and can include a variety of other situations. It has to be a case of extreme negligence, which can include child abuse, assault, drowning, manslaughter, elder abuse, and other forms of neglect.
Who Can File For A Wrongful Death Claim
Only an eligible family member can be a personal representative of the deceased individual and is considered a survivor in Ventura County. In the state of California, this includes family members such as parents, spouses, domestic partners, children, step-children, and grandchildren who are related. Parents of unmarried children, and other survivors who experienced harm due to their loved one’s death, can file a claim as they are related, especially those who are financial dependents of that individual.
What Is The Average Settlement For Wrongful Death Cases?
There is no average settlement amount because every case is different. However, the damages can result in up to a million or more. Typically, claims can include actual damages, emotional distress damages, and punitive damages. Settlement amounts can include the life expectancy of the plaintiff or the deceased individual at the time of the death. This includes economic and non-economic loss. You should include compensation for the funeral, burial, coffin, loss of inheritance, medical treatment costs prior to passing, and the value behind the services the deceased individual could have provided if alive. You can also claim the pain and suffering the individual endured before their demise. You can demand damages for the loss of their companionship, guidance, and nurturing. If you are a surviving spouse, you could also claim loss of consortium.
How Do You Prepare and Start Your Wrongful Death Case?
You have to show how the accused is liable for the wrongful death by providing proof. Also, you have to prove that the accused is negligent and disregarded their responsibility to care for the individual. This can be shown through revealing the nature of the cause of death and also any evidence that shows that the accused’s actions were careless. If it is medical malpractice, you should explain what the healthcare provider’s expected duties were to the deceased individual. If it is a regular citizen or a business owner who was neglectful, you have to show exactly what they did that may have led to the passing of your loved one. Once it is proven that a person has acted in an unsafe and neglectful manner that could have been avoided, then it is a wrongful death case. A wrongful death lawyer can direct you on the next steps for your personal injury case.
What Does A Wrongful Death Attorney Do?
This case may result in a criminal prosecution, depending upon the nature of the event. If law enforcement does not get involved, then the attorney will negotiate with the parties at fault to obtain a fair settlement amount from their law firm. If no settlement is reached, then filing a wrongful death case will be considered a civil action in court. They provide legal advice for lost wages as that is one of their practice areas. The lawyer will gather all the evidence and analyze the information for clues. They will develop a case that proves that the other parties were neglectful to help bring to justice those who caused the wrongful death to get you fair compensation.
Seek Additional Advice From Attorneys
If you need help obtaining damages due to a family member wrongfully dying, don’t do it alone. Get help from Ventura wrongful death lawyers so you can focus on mourning the loss of a loved one. Contact Personal Injury King law offices for a free consultation.