Sherman Oaks
Wrongful Death Lawyer

Honor Your Loved One’s Memory by Protecting Your Legal Rights

Accidents claim too many lives in California. At Oaks Law Firm, we have met with men and women who have lost a spouse or child in a devastating accident. They express concerns about their family’s future, and they are unsure of their legal rights. During this difficult time, many turn to the internet in search of information, only to end up feeling greater frustration and confusion.

In California, many families can bring this claim when someone else causes a close family member’s death negligently or intentionally. Contact us today. In a free consultation, a Sherman Oaks wrongful death attorney can explain this legal claim in greater detail and answer any question you have. We believe in empowering our clients to make informed choices on behalf of their families.

What is a Claim for Wrongful Death?

This is a civil action that certain family members can bring for the death of a family member. It is not a criminal case. If you prevail, then the defendant will need to pay compensation for damages suffered but they don’t go to jail. Because this is a civil claim, the burden of proof is much lower. Essentially, you need to prove it is more likely than not that someone is liable for your loved one’s death.

A death is “wrongful” when it stems from a wrongful act or neglect. Typically, we file these claims for deaths caused by:

• Negligence, such as distracted driving or speeding
• Recklessness, such as operating a motor vehicle while drunk or high
• Intentional conduct, like a violent assault or other criminal acts

Many grieving family members have no idea what happened to cause fatal injuries to a beloved family member. They simply received a phone call at home, and no one will answer their questions. Please call Oaks Law Firm quickly to schedule a consultation.

Who Can Bring This Legal Claim?

Only certain family members can receive damages:

• Surviving spouse or domestic partner.
• Surviving children
• Any descendants of the deceased’s children (such as grandchildren or great-grandchildren)

If none of the above, then whoever would inherit property under the state’s intestate law.

We can explain more about your rights in a free consultation.

Common Accidents Which Result in Death

Many people suffer bodily injuries in accidents, but they can recover with sufficient treatment. But fatal injuries sometimes result from:

• Car accidents
• Truck accidents
• Pedestrian collisions
• Motorcycle wrecks
• Bicycle accidents
• Slip and falls
• Premises liability accidents
• Negligent security
• Defective products
• Dog attacks
• Drowning accidents
• Workplace accidents

Almost any accident might lead to fatal injuries. We can also help if your loved one died in a fatal, intentional attack, like a knife attack or drive-by shooting.

What Compensation is Available for Families?

California law says that family members can receive “just” damages. But what does that mean in practice?

Typically, we seek financial compensation for:

• Financial support your loved one would have contributed had he or she lived
• Lost household services (cooking, cleaning, yard work, home repairs, laundry, and so forth)
• Any lost gifts or benefits
• Funeral expenses
• Loss of comfort, care, love, and companionship
• Loss of intimacy
• Loss of guidance

So many factors go into calculating fair compensation. For example, the deceased could have been retired and in poor health. A surviving spouse is likely to receive much less in that situation than if her spouse is in his 30s and earning a high income. But every case is different, and we can delve into more detail in an individualized consultation.

We Can Also File Survival Actions

A wrongful death suit compensates family members for the losses they have suffered due to the untimely death. We might also file a survival action on behalf of the estate. This claim seeks compensation for the losses your loved one endured after the accident but before death, and can include money for:

• Medical care to treat final injuries
• Lost income or wages
• Pain and suffering (depending on when you file your case)

Our firm might also be able to seek punitive damages as part of a survival action. The damages obtained might ultimately be distributed to heirs under the will.

Evidence We Use in Wrongful Death Cases

Very few defendants are eager to admit they caused your loved one’s death. Unless you were at the accident scene, you might not be 100% sure of what happened, either. Our Sherman Oaks wrongful death attorney knows how to fully analyze a legal claim. We tend to rely most heavily on:

• Statements from accident witnesses. They can help us visualize the accident.
• Defense statements. They might have blurted something out which shows they are admitting fault.
• Toxicology results. If a drunk driver hit your loved one, then police could have taken a blood or urine sample, or else had the driver blow into a breathalyzer. We can ask for and use these results.
• Photographs or video of the accident scene from police or nearby businesses.
• Medical testimony to prove the “link” between the accident and your loved one’s death.

Why You Should Call Oaks Law Firm Quickly

The limitation period for most wrongful death cases is only two years. This is the maximum amount of time after your loved one’s death that you get to file a lawsuit. If you go over, then you lose the ability to sue—forever.

Call our firm today. We can swiftly:

• Review whether you have a valid legal claim for a wrongful death.
• Analyze how much compensation to seek in a claim and/or survival action.
• Collect evidence to support your claim that the death was wrongful.
• Help you document your losses, including lost financial support or services, as well as loss of comfort and guidance.
• Rely on 40 years of experience to develop a litigation and negotiation strategy on your behalf.

We settle most of our cases with defendants agreeing to pay compensation for your losses.

Contact Our Bakersfield Wrongful Death Attorneys As Soon As Possible

During this stressful time, families depend on the steady guidance provided by Oaks Law Firm. Please do not hesitate to contact us by phone or email to arrange a time to meet.

CALL TODAY! (877) 539-5366

Recovering the Damages You Deserve

If someone else is to blame for your injuries, you have the right to seek compensation for the full amount of damages you've suffered. These damages can include medical expenses, lost wages, property damage, as well as pain and suffering. You must bring forth your claim within one year of the accident date. Not filing your case within one year will bar you from recovery.