Oxnard Wrongful Death Lawyer
You still cannot believe your loved one is gone. You are surrounded by the physical evidence of their existence –their clothing, keepsakes, and other personal belongings –but your family member will never appear again. Adding to your deep grief is the fact that this death was avoidable. Some other party’s negligence and recklessness killed your loved one and ruined your life.
No amount of money can bring your family back, but compensation in a wrongful death case can help you financially in the aftermath of this terrible time. The compassionate Oxnard City personal injury lawyers at Ellis Injury Law will determine which entities are responsible for the loss of your loved one and hold them accountable. While most cases are settled, we do not hesitate to take a case to trial.
Not every accidental death qualifies as wrongful death, but many do. Negligence occurs when a party fails to use “reasonable” care to avoid causing injury to others. For example, if a driver is texting and runs a red light, striking another vehicle and killing an occupant, that is negligence or recklessness.
A wrongful death may also involve an intentional act, such as manslaughter or murder. A wrongful death lawsuit is a civil action, and not connected to a criminal action with which a party is charged. Unlike a criminal action, the standard for a civil lawsuit is “preponderance of evidence,” not guilty beyond a reasonable doubt.
Wrongful death damages
In California, damages, or compensation, for wrongful death may include:
- Funeral and burial expenses
- Lost future earnings
- Loss of financial support
- Loss of companionship
A wrongful death lawyer can calculate economic damages such as lost future earning based on various factors. These include:
- Age of the deceased
- Skills and education
- Adjustments for inflation
- Retirement and other benefits lost
In most circumstances, wrongful death lawsuits require filing by family members within two years of the death date. If any type of government agency is involved, such a fatal fall taking place on government property, the statute of limitations for filing a claim is just six months.
Survival actions are often filed in conjunction with wrongful death lawsuits if the person survived for any amount of time after the accident causing their demise. Damages in survival actions may include medical expenses incurred relating to the injury causing the death, and the pain and suffering of the victim.
While punitive damages are not recoverable in a wrongful death lawsuit, they may prove so in a survival action. Punitive damages may be awarded when the party responsible for the death acted in a particularly egregious manner.
Contact Oxnard City wrongful death lawyers
Nothing prepares you for losing a loved one because of the actions or inactions of another party. An Oxnard personal injury attorney at Ellis Injury Law can help you receive the maximum compensation for your loss. Schedule a free consultation by calling or texting today or by filling out an online contact form. We will explore the circumstances behind your family member’s death to determine whether you have a wrongful death case. Because we work on a contingency basis, there is never a fee unless we win.