The devastation and anger that comes with losing a loved one due to the negligence of another person is severe. The Simmrin Law Group has a dedicated Thousand Oaks wrongful death lawyer prepared to help you navigate this difficult situation. Contact our personal injury legal team for a 100% free consultation and explore your legal options further.
Types of Accidents Resulting in Wrongful Death
Wrongful death cases can result from any situation where someone’s negligence or intentional wrongdoing caused a death. The following are some common examples:
If a care provider or medical doctor behaves in a manner below the needed professional standard of care, and death is a result, this can lead to a wrongful death lawsuit. When this happens, the plaintiff must prove that the medical provider’s failure was a direct cause of the fatality.
Medical malpractice is different from regular negligence cases. Rather than proving there was a breach of duty of care, the plaintiff must prove that the defendant acted below the level of care that the average reasonable person would have done under the same circumstances. When pursuing a medical malpractice claim, the plaintiff must show that the defendant’s level of care was performed below the professional standard of care.
After an intentional act such as assault and battery or murder, a wrongful death case may be pursued if the act resulted in death.
A wrongful death case can be pursued against someone who caused harm in a negligent way. If a plaintiff is pursuing a claim based on negligence, they must prove the defendant acted below the level of care that an average reasonable person would have done in the same circumstances. Some examples of wrongful death cases that may arise out of negligence include:
- Construction accidents
- Animal attacks and dog bites
- Slip and fall cases
- Failure to warn
- defective products
- Reckless car accident
For a free legal consultation with a wrongful death lawyer serving Thousand Oaks, call (310) 896-2723
The Burden of Proof in Thousand Oaks Wrongful Death Lawsuits
The burden of proof in a civil case, such as wrongful death, is lower than the proof required in a criminal case. With wrongful death cases, there are four elements you must prove in order to win your lawsuit.
The first and most important of these elements is negligence. All wrongful death lawsuits are based on the premise that the defendant was negligent.
The plaintiff and their wrongful death lawyer in Thousand Oaks, CA, must prove that their loved one is deceased because of the careless and negligent actions of the defendant.
Breach of Duty
The next element that must be met is regarding the duty of care. The plaintiff must prove that the defendant breached their duty of care. This means that the wrongful death could have been avoided if the person who caused the death was responsible for their duties.
Once you have proven a breach of duty and negligence, it should be easy enough to determine causation.
To prove that a breach of duty has occurred, you must present a clear cause-and-effect between the negligent action of the defendant and the wrongful death of your loved one.
The last element of your wrongful death case must address the quantifiable damages that the death of your loved one incurred.
There are also damages that are not so simply quantifiable. It is crucial to include these damages because they are important for your case, and your wrongful death attorney at The Simmrin Law Group will help place a value on these damages.
After you and your lawyer have met all four of these elements, your wrongful death case will have the strongest chance for the best possible outcome.
Thousand Oaks Wrongful Death Lawyer Near Me (310) 896-2723
Recoverable Damages in Wrongful Death Actions
If you lost a loved one due to a wrongful death, you are entitled to compensation for the damages you incurred. Your Thousand Oaks wrongful death attorney will help you seek compensation that is both economic and non-economic.
Economic damages encompass the actual financial losses you incurred due to the wrongful death of a loved one. These damages can include:
- The Loss of income the deceased lost before their death
- The loss of future income the deceased person would have earned and any employment benefits (pension benefits and health insurance).
- Medical expenses the deceased incurred before their death, including surgeries, medical appointments, hospital stays, and more
- Funeral and burial expenses
Non-economic damages encompass the harder-to-quantify expenses incurred due to the wrongful death of a loved one. These damages can include:
- The pain and suffering the deceased went through prior to their death
- The emotional damage that the loss of your loved one inflicted on your family and loved ones
- Loss of consortium- the deprivation of any benefits a family member or loved one will have due to the loss of the deceased
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Statute of Limitations for Wrongful Death Lawsuits in Thousand Oaks
In Thousand Oaks, CA, there is a statute of limitations generally two years from the date of the deceased’s death, in which a wrongful death claim can be brought. The statute of limitations is the time limit in which a plaintiff may bring a lawsuit, and if the statute expires, the court is likely to dismiss your claim.
In California, the exception to the two-year limitations, if the death was caused by medical malpractice, is either:
- Three years from the date the victim died
- One year after the date of discovery that the death was due to medical negligence, whichever occurs first
If you are considering pursuing a lawsuit, a wrongful death attorney in Thousand Oaks, CA, can help guide you through the complex process. The skilled and dedicated lawyers with The Simmrin Law Group have the experience needed to get you justice for your loved one.
Meet with a Wrongful Death Lawyer in Thousand Oaks, CA Today
If you have suffered the loss of a loved one due to a preventable death, a wrongful death lawyer in Thousand Oaks, CA at The Simmrin Law Group will help you recover financially and emotionally from the devastating loss that could have been completely avoided. Contact one of our attorneys through our online form today for a free case evaluation to discuss the specifics of your case.