![about banner](https://oakslawfirm.com/wp-content/uploads/2022/05/wrongful_death.webp)
Woodland Hills
Wrongful Death Lawyer
We Represent Grieving Family Members in Wrongful Death Lawsuits in Woodland Hills
At Oaks Law Firm, our wrongful death lawyer is a compassionate, experienced, and solutions-focused advocate for families. The loss of a close loved one to a fatal accident is one of the most challenging experiences that any person can ever be forced to endure. A civil lawsuit is an avenue to justice. What makes us different? We truly listen to our clients. If you have any specific questions about a wrongful death claim in Los Angeles County, we are here to walk you through every aspect of the claims process. For a free, fully confidential initial consultation with an experienced wrongful death attorney, please do not hesitate to contact us today.
We Handle All Types of Wrongful Deaths
Oaks Law Firm is a boutique law firm devoted to serving victims and families—not big corporate defendants or large insurance companies. Unfortunately, fatal accidents can happen in a wide range of different contexts. Our firm handles all types of claims in Southern California, including in Woodland Hills. We have the experience needed to take on:
- Fatal car accidents;
- Fatal semi-truck accidents;
- Fatal pedestrian collisions;
- Fatal motorcycle accidents;
- Fatal workplace accidents;
- Fatal swimming pool accidents;
- Fatalities on property (negligence); and
- Fatal medical malpractice claims.
A Wrongful Death Claim is a Civil Cause of Action
Wrongful death lawsuits are civil causes of action. In some cases, there may also be a related criminal case—such as if a drunk driver caused a fatal crash—but that certainly does not always happen. The purpose of a wrongful death lawsuit is to ensure that close loved ones of the victims are empowered to seek justice, accountability, financial support, and some level of closure.
Understanding Liability in Wrongful Death Cases in California
In California, liability in these cases hinges on demonstrating that the death of your loved one was the direct result of another’s negligence or intentional harm. In other words, these are fault-based cases. What exactly you must prove to establish liability in a lawsuit depends on a wide range of case-specific factors. That being said, as a general rule, a claim in California must prove that:
- There was a duty of care owed to the (deceased) victim;
- That duty of care was breached because of the defendant’s negligence; and
- The breach of the duty of care contributed to the fatal accident.
Every serious accident requires a comprehensive investigation. An attorney can help your family gather the evidence that you need to establish liability and seek justice.
Who Can File a Wrongful Death Lawsuit in California?
An untimely, preventable death impacts an enormous number of people. However, unfortunately, not everyone is eligible to file a lawsuit under California law. Here is a general overview of the eligibility to file a claim:
- Primary Rights: The deceased person’s surviving spouse or domestic partner and the deceased person’s surviving children have the primary right to bring the claim.
- Secondary Rights: If there are no surviving direct descendants, then anyone entitled to the property of the deceased by California’s succession laws, such as parents, siblings, or other relatives.
If you are not sure who should initiate the wrongful death claim, an experienced Woodland Hills, CA attorney can help you and your family members navigate California’s legal procedures.
Know the Statute of Limitations for Wrongful Death Cases
Time is a critical factor in these claims in Woodland Hills. The statute of limitations sets a deadline for when a lawsuit must be filed. In California, there is a two-year statute of limitations for wrongful death lawsuits. Only limited exceptions apply—but those exceptions work in both directions. If the defendant is a government entity, your family has even less time to initiate the claims process. On the other hand, if your family member’s death was not immediately discoverable, the statute of limitations may be extended.
An Overview of Wrongful Death Damages
There is nothing that could ever truly make things right after losing a loved one to an accident that should have been prevented. At the same time, grieving families need financial compensation to pay bills and provide support through challenging times. Monetary compensation is the primary remedy in a civil legal claim, including a wrongful death case. Through a claim in California, a family member may be able to recover compensation for:
- Economic damages, including out-of-pocket medical bills, funeral and burial expenses, loss of financial support, and other direct costs.
- Non-economic damages, including loss of love, loss of companionship, loss of consortium, loss of sexual relations, and loss of parental guidance.
- Punitive damages—which are a limited remedy that may be available in cases in which the defendant engaged in egregious acts of negligence.
How Our Top-Tier Lawyer Can Help
Wrongful death claims are among the most complex types of legal cases. Our founder and principal attorney Matthew Nezhad has the experience and expertise that grieving families can trust. We are proactive and we truly care about the needs and interests of our clients. Among other things, our experienced lawyer will:
- Listen to your story and answer legal questions about the wrongful claims process;
- Carefully investigate the accident—gathering the evidence needed to prove fault;
- Represent you in all aspects of the claims process, including insurance settlement talks; and
- Take the wrongful death claim as far as needed to get your family real justice.
We Handle Wrongful Death Lawsuits in Woodland Hills On a Contingency Fee Basis
We know that personalized legal representation is absolutely essential in these claims. With a well-established record of client testimonials and real-world case results, our Woodland Hills wrongful death lawyers are committed to top-tier client service.
We handle these personal injury cases on contingency—meaning there are never any upfront costs or hourly bills. Our Woodland Hills wrongful death lawyers only get paid when our clients get paid. Initial consultations with our wrongful death attorney are free, no obligation, and fully confidential.
Wrongful Death Claims in Woodland Hills: Frequently Asked Questions
Can Any Person File a Wrongful Death Lawsuit in California?
No. Unfortunately, not all people who were close to the victim have the right to bring a claim. In California, wrongful death lawsuits can only be filed by specific individuals who are closely related to the deceased—such as spouses, domestic partners, children, or dependents. If none of these parties are available, other relatives like parents or siblings may have the right to sue.
How Do You Establish Liability in a Wrongful Death Claim?
Wrongful death lawsuits are fault-based legal claims. To establish liability in a wrongful death claim in California, the plaintiff must prove that the defendant’s negligence or wrongful act directly caused the death of the decedent. As a general matter, this requires:
- Demonstrating that the defendant had a duty of care towards the deceased;
- Proving that the defendant breached that duty of care; and
- Showing that the breach was the direct cause of death.
What Types of Evidence Can Be Used to Prove Fault?
Evidence is the foundation of any legal claim in California—and wrongful death cases are certainly no exception to the rule. Evidence in wrongful death cases can include eyewitness testimonies, video or photographic evidence of the incident, expert testimony on the cause of death, and records showing the defendant’s negligence (like driving records or employment files). A top-tier Woodland Hills wrongful death lawyer can conduct a comprehensive investigation of your claim.
How Long Do You Have to File a Wrongful Death Lawsuit in Woodland Hills?
Two years. Unless an exception applies, California has a two-year statute of limitations for wrongful death lawsuits. You do not want your family to fall behind in the wrongful death claims process. Protect your rights by consulting with an experienced Woodland Hills, CA wrongful death lawyer right away after an accident.
Note: There is less time to take action against the government. If the death was caused by a government entity, a Notice of Claim must be filed within six months of the accident.
What is the Average Settlement in a Wrongful Death Claim?
There is no true “average” settlement. The value of a wrongful death case will depend on a wide array of different factors. Notably, the damage suffered by the family member is largely non-economic in nature—meaning it can be inherently difficult to value. Our Woodland Hills wrongful death lawyers can help your family member seek the absolute maximum financial support.
Contact Our Woodland Hills, CA Wrongful Death Attorney Today
At Oaks Law Firm, our Woodland Hills wrongful death lawyer is standing by, ready to protect your rights and your interests. If you or your loved one was killed in an accident in Woodland Hills, we are here to help. Contact us by phone or connect with us online for a free, strictly confidential initial consultation. We advocate for the rights and interests of grieving family members in Woodland Hills and throughout the wider region of Los Angeles County.
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.
PRACTICE AREAS
RECENTNEWS
Tips For Driving In The Rain
Driving in conditions that involve strong or heavy wind and rain may not seem like the most pressing safety concern… Continue reading Tips For Driving In The Rain