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Santa Barbara Wrongful Death Lawyer

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Quirk Accident & Injury Attorneys represents the families of wrongful death victims in Santa Barbara.

The sudden loss of a loved one is unimaginable until the day it happens. Many people in this situation find themselves at a loss for where to turn. We understand it can be overwhelming, and that’s why our firm is here to manage the next steps in the legal process after the untimely loss of a loved one.

Unfortunately, there are financial burdens that families do not anticipate, or consider, after losing a loved one. 

But our firm will file the necessary claims and take the proper legal steps to ensure you and your family are taken care of.

For a confidential, no-cost consultation, contact Quirk Accident & Injury Attorneys today to discuss your case.

Do I Need a Wrongful Death Lawyer?

If you’ve suffered the sudden loss of a loved one in a fatal accident in Santa Barbara, one of the best things you can do to help your situation is to consult with one of our Wrongful Death Lawyers. Our attorneys will go over all the details of your case and give you the best legal plan for your situation.

If you decide to take legal action, we will file a wrongful death lawsuit against the liable parties to ensure they’re held accountable for compensating you for what you’ve had to endure over the loss of a family member or loved one. Our firm works quickly to reach a successful outcome in your case, so you can focus on being there for your loved ones instead of dealing with legal concerns.

At Quirk, we thoroughly consider the damages when determining the compensation of a wrongful death lawsuit. These damages typically include:

  • Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
  • Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
  • Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
  • Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
  • Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
  • Loss of consortium: this covers the loss of love and companionship you and your family have lost

When to Consult with a Lawyer for a Fatal Accident

Generally speaking, wrongful death claims must be asserted on behalf of the deceased’s personal representative within the statute of limitations of two years. There are exceptions to the statute of limitations which are listed in the link contained in this article. It is important to know that if you miss the deadline for filing a wrongful death claim, you waive your rights to recover damages. For that reason, it is important to consult with a Wrongful Death Attorney at Quirk sooner, rather than later.

Here is a list of reasons families should contact our attorneys after a fatal accident:

  • Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident, such as a bicycle accident or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
  • The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
  • You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages families have been forced to suffer.

Evidence Needed in a Wrongful Death Claim

Solid evidence is the foundation of any wrongful death claim. At Quirk Accident & Injury Attorneys, we can help you gather the proof necessary to prove your loved one’s life was wrongfully cut short and ensure your family is fairly compensated for this untimely loss.

Key pieces of evidence that may be included in a wrongful death claim are:

  • Police Reports: police reports can provide an official account of the events that led up to the death and can determine fault, as well as essential evidence.
  • Medical bills: medical bills help to document the extent of the medical care received by the deceased, which can be used to establish the financial impact of the wrongful act.
  • Autopsy reports: autopsy reports offer vital medical evidence about the cause of death, which is essential in linking the wrongful act with the cause of death.
  • Witness statements: witness statements can provide independent accounts of the incident, offering perspectives that may corroborate or dispute the claims made by other parties.
  • Photographs or videos of the scene: visual evidence can be critical to reconstructing the event and demonstrating the conditions that led to the wrongful death.
  • Expert opinions or testimony: expert testimony can clarify complex issues and provide authoritative opinions on matters such as causation and long-term effects that the family of the decedent will face.

Who Can File a Wrongful Death Lawsuit in Los Banos?

According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:

  • The deceased person’s spouse or domestic partner
  • Children of the deceased, including stepchildren
  • Parents of the deceased
  • Dependent minors living in the deceased person’s household
  • The deceased’s personal representative
  • People who would be entitled to the property of the decedent if they did not create a will

If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival action.

Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.

Wrongful Death Statute of Limitations Exceptions

According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years, to file a wrongful death claim.

Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective brakes on a truck caused a cyclist to veer off the road and crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.

What is the Typical Compensation for a Wrongful Death?

Compensation for fatal accidents can be difficult to predict. With so many variables, no case is the same. Factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses all vary in cost on a case-by-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered. These damages include:

  • The financial support received from the decedent
  • Loss of income the decedent would have continued to earn
  • Funeral and burial expenses
  • Loss of benefits the family would have received from the decedent
  • Loss of consortium
  • Mental trauma and anguish associated with the loss of a loved one

Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but it is advisable to consult with our attorneys at Quirk to see what options are available to you.

Contact Quirk Accident & Injury Attorneys

At Quirk, we understand that the last thing you want to concern yourself after losing a loved one is getting involved in the legal process. That’s why we hold the insurance companies responsible and protect the right to compensation, so that you can focus on grieving and being with your family.

We don’t waste any time in the legal process. We connect you with an attorney, build your case, and get you and your family a fair settlement, so you can take the time to attend to more important matters.

If you’d like more information, our door is always open. Contact us today for a confidential, no-obligation consultation. We’d be happy to help you understand your legal options and offer you our support during this difficult time.