Wrongful Death Lawyer
When the life of a family member is suddenly taken through the carelessness and negligence of somebody else, justice can be sought in both the criminal and civil courts.
The criminal courts have the authority to punish a wrongdoer, while the civil courts have the authority to award damages to the family of the deceased through a wrongful death lawsuit.
California wrongful death cases are governed by section 377.60 of the California Code of Civil Procedure.
When coping with the shock and grief of the loss of a family member, somebody in your family needs to focus on retaining an experienced and effective Thousand Oaks wrongful death attorney at Quirk Accident & Injury Attorneys, APC as soon as possible.
We can investigate the facts of the case for you and aggressively move forward with a wrongful death lawsuit on your family’s behalf.
Types of Wrongful Death Cases
According to the Insurance Institute for Highway Safety, there were 3,606 traffic fatalities in California in 2019. Of those, 236 were in the City of Los Angeles. More than 700 people are believed to have lost their lives in traffic fatalities in Los Angeles County that year. Here are some other common causes of wrongful deaths in California:
- Construction Accidents.
- Semi-truck accidents.
- Dangerously defective products.
- Nursing home negligence.
- Medical malpractice.
- Criminal acts.
Damages in California Wrongful Death Cases
Section 377.60 permits California wrongful death lawsuits to be brought by designated family members. Most often, they’re brought by a surviving spouse or a child of the decedent. Permitted damages might include any of the following:
- Loss of financial support, gifts and benefits that the decedent would have provided.
- The value of the household services that the decedent would have provided.
- Funeral and burial expenses.
- Loss of society, companionship and affection or sexual relations.
- Loss of moral support and guidance.
What is a Survival Action?
This cause of action is brought pursuant to section 377.30 of the California Code of Civil Procedure. It involves a lawsuit that the deceased person would have been eligible to have filed if he or she had survived their injuries. The key to a survival action is that the deceased didn’t die immediately from the injuries that were suffered in the accident. Only a few moments of survival will satisfy this requirement.
Damages in a Survival Action
Damages in the survival action would be those that the individual suffered prior to death. Those might include hospital and medical bills and lost earnings, but damages for pain and suffering, disability or disfigurement aren’t recoverable. Punitive damages may be sought in a survival count if the facts of the case warrant consideration of them.
Contact a Thousand Oaks Wrongful Death Lawyer
After losing a family member as a result of the carelessness and negligence of somebody else anywhere in California, contact the Thousand Oaks wrongful death lawyers at Quirk Accident & Injury Attorneys, APC for a consultation and case evaluation at no cost at all to you.
We can talk about what happened, how valuable your loved one was to your family and how all of you have been affected by his or her passing. Upon being retained, we’ll build a strong case while you focus on recovering from your loss and rebuilding your family.