Sherman Oaks Wrongful Death Lawyers Fighting for Grieving Families
We offer compassionate legal guidance and strength every step of the way
Losing a loved one is one of life's most difficult experiences, especially when their death is caused by someone else's negligence or wrongdoing. At Oaks Law Firm, our Sherman Oaks wrongful death lawyers understand the profound pain and confusion that comes with such a loss.
We have met with hundreds of men and women who have lost a spouse or child in devastating accidents across California. They express concerns about their family’s future, and they are unsure of their legal rights. We are committed to providing compassionate legal guidance and strong advocacy for grieving families.
In Sherman Oaks, our wrongful death attorneys work tirelessly to hold responsible parties accountable and secure the justice and compensation families deserve. We know that no amount of money can replace a loved one, but we are here to support you through this challenging time and ensure you have the financial resources to navigate the future. Let us stand by your side and help you seek the justice your loved one deserves. If a loved one was killed in a California accident, contact us anytime, 24/7, for legal information you can trust. Schedule a free case evaluation.
What is considered a wrongful death?
In California, wrongful death cases are civil actions that certain family members can bring for the death of a family member to recover compensation of damages and justice. As defined by state law, a death is “wrongful” when it stems from a wrongful act or neglect. Typically, we file these claims for deaths caused by:
- Negligence. This can involve a situation where a driver fails to stop at a red light, leading to a fatal collision with a pedestrian. Hazardous properties, poor property security, dangerous animals, and defective products are other types of negligence that could be cause for a wrongful death claim or lawsuit. Negligence refers to cases where the person at fault did not intend harm but failed to act with reasonable care.
- Recklessness. An example of recklessness could be a scenario where someone drives at excessive speeds in a crowded area, resulting in a fatal crash. Recklessness denotes a disregard for the safety of others, knowing their actions could lead to serious harm.
- Intentional conduct. This category includes instances like premeditated assaults that end in a fatality. Intentional conduct involves actions where the individual meant to inflict harm or knew with certainty that their actions would likely result in death.
Keep in mind that your right to seek compensation for the death of a loved one due to negligence is not affected by the criminal court process. A wrongful death civil action is separate from any potential criminal investigation or charges arising from the tragic incident as well as the outcome or lack thereof.
Who can file a wrongful death claim?
Not just anyone can file a wrongful death claim after a loved one is killed in a negligent, reckless, or intentional act of violence. Only certain family members can receive damages. Every case is different, but in general, the following people have a right to file wrongful death claims if their loved one is wrongfully killed:
- 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 laws.
What compensation is available for families of fatal accident victims?
California law says that family members can receive “just” damages. But what does that mean in practice? Typically, our Sherman Oaks wrongful death attorneys 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
It’s impossible to truly compensate someone for the loss of a loved one. No amount of money can fill that void. Still, families and loved ones must protect themselves financially by filing a wrongful death claim.
Survival action eligibility
Wrongful death action compensates family members for the losses they have suffered due to the untimely death. However, fatal accidents cause lethal injuries that may kill a victim in seconds, hours, days, weeks, or even years after the impact. During this painful and devastating time, the victim and their family incur damages not typically covered by wrongful death claims and lawsuits. In California, a survival action 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)
In rare cases of egregious negligence, recklessness, or intentional violence, family members of a fatal accident victim may also be eligible to pursue punitive damages through a survival action.
Call an Oaks Law Firm wrongful death lawyer today
During this stressful time, families can rely on our 20 years of experience to develop a litigation and negotiation strategy that will relentlessly fight for justice and compensation for you and the victim.
If you have lost a family member due to another person's negligent actions, rely on our proven track record of success to get you results. Contact Oaks Law Firm in Sherman Oaks to schedule your free case evaluation today. A member of our team is available
Remember: There is no fee for the consultation, and Oaks Law Firm has a strict no-fee guarantee unless you win policy.