If you think someone else’s negligence, recklessness, or criminal behavior caused your loved one’s death, you have legal options. You can file a wrongful death claim in Oceano, CA to get compensation for your losses and hold all at-fault parties accountable.
Wrongful death claims pay surviving family members for their loss of companionship, the lost income the deceased would have brought, and the expenses for funeral and burial. The person designated as the deceased’s executor can also file a survival action to recoup the medical expenses and other costs that diminished the value of the deceased’s estate.
Proving that a death was caused by negligence is not always easy, but it can be the right thing to do for families who want to financially recover after their devastating loss.
They can speak to a wrongful death lawyer in Oceano, CA for free during a complimentary, no-obligation consultation with the Ernst Law Group.
Call (805) 586-0194 or contact us online to schedule your free appointment today.
The Four Elements of Negligence in a Wrongful Death Case
All wrongful death cases are built upon the legal concept of negligence, which has four main parts the person filing the lawsuit (the plaintiff) must prove:
- The party accused of negligence (defendant) had a duty of care to obey laws and exercise ordinary care as a “reasonable person” would
- The defendant had a breach of the duty of care
- The defendant’s breach directly caused the death of the plaintiff’s family member
- The death leads to losses (damages), both money and non-financial benefits like love and companionship
Your Oceano wrongful death attorneys will investigate all four aspects in order to find evidence and construct strong arguments tracing the actions of the defendant directly to the death. Attorneys also file all necessary paperwork and negotiate with insurers on your behalf, lessening the amount of work you have to do during an emotionally sensitive time.
In the event that a settlement agreement with insurers cannot be reached, your lawyer will be willing to file a lawsuit and represent your case in court. This is why all wrongful death cases are built with the idea that they might have to stand up in trial in front of a jury.
