After A Fatal Accident, Turn To A Trusted Wrongful Death Lawyer In Sherman Oaks
When an individual has died due to the negligence or misconduct of another, the surviving family members of the victim may file a wrongful death claim. This allows the family members to collect damages on their loved one’s behalf. The intent of a wrongful death claim is to recover compensation for the families who have suffered financially and emotionally. While there is no amount of money that can make up for the loss of a loved one, our goal is to help families recover a settlement for the losses endured.
If you have lost a loved one due to the negligence or misconduct of another, it is best to consult with a wrongful death attorney in Sherman Oaks. At Okhovat Law Firm, our team has recovered compensation for the families who have suffered the loss of a loved one to help with financial burdens. We understand that dealing with a wrongful death is extremely difficult, and we are here to help you get through this devastating time. Our team is dedicated to providing you with the legal help you need and deserve. We work on a contingency fee basis, which means you do not have to pay a thing unless we win your case. Additionally, we offer free consultations. Feel free to contact us any time to speak to a highly experienced wrongful death compensation lawyer in Sherman Oaks.
When Can You File A Wrongful Death Claim?
No two fatal accidents are identical. Scenarios that may lead to a wrongful death case include:
- Car accidents caused by drunk drivers or other negligent drivers
- Pedestrian, bicycle, motorcycle and truck accidents
- Nursing home abuse or neglect
- Medical errors
- Slip-and-fall accidents due to unsafe property
- Product liability
- Manslaughter or murder
Some common grounds for wrongful death suits are discussed in more detail below.
You expect physicians and surgeons to meet the highest standards in medicine. If there is evidence of incompetence in medical practice and your loved one died because of it, then you should ask for a wrongful death to investigate the hospital and surgical team.
If your loved one was killed in an accident, then you may have grounds for a wrongful death suit. Your close family member may have died because of a car accident, slip-and-fall injury in a public venue, electric shock in an unprotected space, or injury from a public transport accident. You can hold drivers, proprietors, insurance companies, and municipal authorities responsible.
If someone killed your loved one, they may be subject to both criminal prosecution and civil litigation. Even if they are acquitted in a criminal court, they can be found liable in a civil court and made to pay money. In criminal court, the standard is beyond reasonable doubt; in civil cases, it is a preponderance of the evidence, which is a much lower threshold to meet.
Types Of Damages Recoverable In A Sherman Oaks Wrongful Death Claim
A wide range of damages for which families can collect in a wrongful death claim include:
- Medical expenses connected to the death
- Funeral and burial expenses
- Loss of the victim’s expected earnings
- Loss of benefits such as pension plans and medical coverage
- Loss of inheritance due to the victim’s death
- Value of goods and services the victim would have provided
- Damages for the survivor’s mental anguish
- Loss of care, protection, guidance, and companionship from the deceased
- Loss of consortium from a deceased spouse
- Punitive damages
If you have lost a loved one due to wrongful or preventable death, you may be entitled to the damages mentioned above. Contact our team to learn more about how we can help you through this difficult time. We will help you with every aspect of your case, so you do not have to worry about the additional legal stresses.
Who Can File A Wrongful Death Claim?
In California, only certain people can file wrongful death claims. They are typically limited to blood, or adoptive, family members and those who were financially dependent on the deceased. They include:
- Surviving spouse
- Adult children of the deceased
- Family members acting on behalf of a minor whose parent was killed
- Grandparents, siblings, aunts and uncles, if the deceased was without a spouse or children
If you were not yet married to the deceased at the time of their death, you can still file a wrongful death lawsuit for a partner, but it’s a more difficult road. You will have to demonstrate to the courts the length and significance of your relationship. You will also need to prove that you were financially dependent on the deceased, possibly through shared household bills
Contacting An Attorney
If you believe your loved one’s death was caused due to the negligence or misconduct of another, you may be entitled to compensation and justice for your losses. Contact us today to speak to our reputable team of wrongful death lawsuit lawyers. We will help you every step of the way.
Wrongful Death FAQs
What are the two kinds of wrongful death recognized by law?
California state law splits wrongful death into two types, intentional and negligent. Intentional wrongful death suits are for when someone deliberately causes the death of your loved one and negligent wrongful death claims are when someone fails to exercise a reasonable duty of care, which results in someone dying.
Are pain and suffering recoverable too?
In most personal injury cases, pain and suffering are recoverable. But, per the California Code of Civil Procedure Section 377.61, it is not. Pain and suffering are not get considered as one of the damages.
Can I settle outside of a lawsuit?
Settling outside of court actually saves the plaintiff more money in the end, so we always try to settle instead of fighting it out in court. Going to court means additional fees and the chance that you’ll win nothing at all from your settlement, so we try to settle out of court.
How long will a wrongful death case take?
Don’t be surprised if your wrongful death case takes up to two years to settle.
How much time do you have to file a lawsuit?
You have one year from the time that the person passes away to file a wrongful death suit, and the clock starts clicking on the day of the decedent’s death. If you are filing a wrongful death suit against a government body, you will need to file a “notice of claim” within 90 days of your loved one’s death. In some cases, these deadlines can be extended.
Why You Must Get Lawyers Involved Early
The moment that you come to believe that something is not quite right about the way your loved one died you should hire a death lawyer in Sherman Oaks. Like a personal injury attorney, the main aim of a death lawyer in Sherman Oaks is to get you the maximum amount of money possible. A wrongful death lawyer will want to sit down with you and ask you to recall the events and circumstances leading up to your loved one’s death and everything that happened afterward.
Most of these cases are settled without the pain and expense of a trial. The best lawyers know how to gather the kind of evidence that will compel the respondent to settle rather than go to trial. Contact our Sherman Oaks personal injury attorney for more information on your case.