Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience. While no legal action can ever truly compensate for your loss, pursuing a wrongful death claim can provide financial support and hold responsible parties accountable. At Cohen Injury Law Group, we are dedicated to helping families in Ventura seek justice and secure the compensation they deserve.
Common Causes of Wrongful Death
Wrongful death can occur in many different situations, often as a result of negligence or recklessness. Common causes include:
1. Motor Vehicle Accidents
- Car crashes caused by distracted or drunk drivers
- Truck accidents due to fatigue or improper maintenance
- Motorcycle collisions caused by reckless driving
2. Medical Malpractice
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
3. Workplace Accidents
- Construction site accidents
- Industrial equipment failures
- Lack of proper safety measures
4. Defective Products
- Unsafe medical devices
- Faulty automotive parts
- Dangerous consumer products
5. Criminal Acts
- Assault or homicide
- Negligent security leading to harm
If your loved one’s death was caused by negligence or wrongful conduct, you may have a valid wrongful death claim.
Who Can File a Wrongful Death Claim in California?
Under California law, the following parties are typically eligible to file a wrongful death claim:
- Immediate Family Members – Spouses, domestic partners, and children.
- Financial Dependents – Stepchildren or other individuals who relied on the deceased for financial support.
- Estate Representatives – The executor of the deceased’s estate may file a claim on behalf of the estate.
Our attorneys can help determine your eligibility and guide you through the legal process.
Compensation in Wrongful Death Cases
While no amount of money can replace your loved one, compensation can help ease the financial burden. Damages may include:
1. Economic Damages
- Funeral and burial expenses
- Loss of the deceased’s income and benefits
- Medical expenses incurred before death
2. Non-Economic Damages
- Loss of companionship and support
- Emotional pain and suffering
- Loss of guidance for children
3. Punitive Damages
In cases involving egregious misconduct, punitive damages may be awarded to punish the responsible party.
Our team will work tirelessly to ensure you receive the compensation you deserve.
Proving a Wrongful Death Case
To succeed in a wrongful death claim, you must establish:
- Duty of Care – The defendant owed a duty of care to the deceased.
- Breach of Duty – The defendant’s actions or negligence violated that duty.
- Causation – The breach directly caused the death of your loved one.
- Damages – The death resulted in measurable losses, both economic and non-economic.
Our attorneys will gather evidence, consult with experts, and build a strong case to support your claim.
What to Do After Losing a Loved One in Ventura, CA
If you believe your loved one’s death was caused by negligence or wrongdoing, take the following steps:
- Contact a Wrongful Death Lawyer – The sooner you seek legal representation, the better we can preserve evidence and build your case.
- Gather Documentation – Collect medical records, police reports, and other relevant documents.
- Avoid Discussing the Case – Refrain from speaking with insurance adjusters or making public statements without consulting your attorney.
How Cohen Injury Law Group Can Help
At Cohen Injury Law Group, we understand the immense emotional and financial challenges families face after losing a loved one. Our compassionate attorneys provide:
- Comprehensive Case Evaluation – We will assess your case and explain your legal options.
- Thorough Investigation – Our team will gather evidence, interview witnesses, and work with experts to build a strong claim.
- Aggressive Advocacy – Whether through negotiation or litigation, we will fight for the justice and compensation your family deserves.
We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Frequently Asked Questions (FAQs)
How long do I have to file a wrongful death claim in Ventura?
In California, the statute of limitations for wrongful death claims is typically two years from the date of the deceased’s death. Acting quickly ensures evidence is preserved and deadlines are met.
What if the deceased had no will?
You can still file a wrongful death claim even if the deceased did not leave a will. Our attorneys can guide you through the legal process.
Can more than one family member file a claim?
In most cases, one claim is filed on behalf of all eligible family members. Compensation is then distributed among them.
What if criminal charges are filed against the responsible party?
A criminal case is separate from a wrongful death claim. You can pursue a civil claim regardless of whether criminal charges are filed.
How much does it cost to hire a wrongful death lawyer?
We work on a contingency fee basis, so you pay nothing upfront and only pay if we win your case.
Contact Us for a Free Consultation
If you have lost a loved one due to someone else’s negligence or wrongful actions, the Cohen Injury Law Group is here to help. Contact us today for a free consultation to discuss your case and explore your legal options.
Table: Key Elements of a Wrongful Death Claim
Element | Description |
---|---|
Duty of Care | Defendant owed a duty to the deceased |
Breach of Duty | Defendant violated that duty |
Causation | Breach caused the death |
Damages | Measurable economic and non-economic losses |
By partnering with Cohen Injury Law Group, you can focus on healing while we handle the legal process. Call today for a free consultation!