Oxnard Wrongful Death Attorneys

Compassionate, Personalized Legal Counsel

Nothing is more difficult than losing a loved one unexpectedly. Knowing that your loved one’s death was the result of someone else’s careless, reckless, or intentional actions can make the recovery process that much more difficult. Losing a loved one results in more than just the emotional impact; families must also contend with loss of income, loss of help, and costs related to the death.

At Crane Flores, LLP, we help surviving family members take action against negligent parties and fight for the justice and recovery they are owed. Our Oxnard wrongful death lawyers assist clients throughout Ventura and Santa Barbara Counties, as well as all of California. We take the time to look into the details of your case, all while providing you with personal attention, caring legal guidance, and aggressive representation.

On This Page:

• What Is a "Wrongful" Death?
• Types of Damages in Wrongful Death Cases
• Who Can File a Wrongful Death Claim in California?
• Common Causes of Wrongful Death
• Statute of Limitations for Wrongful Death

What Is a “Wrongful” Death?

A death is “wrongful” if the person dies because of the negligence or misconduct of another person or entity (company, government agency, organization, etc.). Wrongful death cases can arise from a range of circumstances, including motor vehicle accidents, bicycle and pedestrian accidents, construction accidents, medical malpractice, defective product accidents, slip and fall accidents, workplace accidents, birth injuries, and more.

Types of Damages in Wrongful Death Cases

According to California Civil Jury Instructions (CACI) 3921, in a wrongful death lawsuit where a family loses an adult member, the claimant may receive two types of damages—economic and non-economic damages.

Economic damages that a surviving family member can expect to receive include:

• Financial support
• Loss of gifts or benefits
• Funeral and burial expenses
• Monetary amount of household services

Non-economic damages can include compensation for:

• Plaintiff’s grief, sorrow, and mental anguish
• Loss of society and comfort

When we evaluate a case, we have expert economists calculate the financial impact of the death on the family. These experts estimate the value of a spouse’s lost earnings as well as non-economic contributions to the home. Similarly, when surviving family members need to hire someone to help with childcare, grocery shopping, and other daily chores, they are also entitled to compensation for the costs of these services.

Lastly, we do understand and are sensitive to the fact that losing a loved one is not something any amount of money can “fix.” We know that the deeper costs, truer costs—the human cost of a wrongful death and its effect on a family are much more difficult to measure. However, we use all resources to ensure that those losses are compensated as fairly and as fully as possible in every case.

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure, Section 377.60, the following individuals or entities may file a wrongful death claim:

• Immediate family members: The surviving spouse, children, and domestic partners of the deceased person have the first right to file a wrongful death claim.
• Putative spouse and children: A putative spouse (someone who had a good faith belief in their marriage to the deceased person) and children of the putative spouse may also have the right to file a wrongful death claim.
• Parents and siblings: If the deceased person did not have a surviving spouse, children, or domestic partner, the parents or siblings of the deceased person may have the right to file a wrongful death claim.
• Personal representative of the estate: If none of the above individuals exist or choose to file a claim, the personal representative of the deceased person's estate can bring a wrongful death action on behalf of the estate.

It's important to note that the right to file a wrongful death claim may vary depending on the specific circumstances and the relationship to the deceased person. Consulting with an experienced wrongful death attorney in Oxnard is crucial to understanding your rights and legal options in filing a claim.

Common Causes of Wrongful Death

Many different types of situations can result in a fatality, and a wrongful death lawyer in Oxnard can determine if negligence was involved.

Types of wrongful death claims often arise as a result of:

• Car accidents
• Bicycle accidents
• Motorcycle accidents
• Pedestrian accidents
• Truck accidents
• Police brutality/shootings
• Dangerous property accidents
• Defective products
• Nursing home abuse
• Construction accidents
• Medical malpractice
• Airplane crashes
• Toxic exposure
• Deadly fires and explosions
• Oilfield accidents
• Swimming pool drowning

A wrongful death claim can help re-establish financial security when a family provider dies. It also acts as a safeguard to protect other families from a similar tragedy by holding negligent or liable parties accountable.

Statute of Limitations for Wrongful Death in California

Wrongful death lawsuits are subject to a two-year statute of limitations in California, meaning that you must file a civil claim against the responsible party within two years of the date of your loved one's death to preserve your right to seek compensation. With that being said, this deadline may sometimes be extended in cases where the cause of death is not immediately apparent.

Once you’ve decided to file, the next step is choosing an attorney. Keep in mind that you will be working closely with this person for some time, so choose someone with whom you feel comfortable. It’s also important to choose a law firm that has successfully dealt with similar cases in the past and can easily cover the upfront costs of things like lawyer fees, paralegals and other services.

Once you have established a working relationship with an attorney, there are several more steps to take. A personal representative for the estate must be appointed, and the responsible individual or entity must be determined. Because defendants often attempt to stall settlements for as long as possible, it is important that your attorney maintain constant pressure to ensure the settlement is processed as quickly as possible.