Ventura Wrongful Death Attorneys

Helping Families After Tragic Losses in Ventura County

When someone you love dies due to the reckless, careless, or negligent actions of another person or organization, you and your family are suddenly and tragically left to pick up the pieces and move forward. This is already an incredibly difficult and emotionally trying time, but it is made even harder when you are left to deal with the financial hardships that come with losing a loved one. You may have to take time off from work to grieve, or you may have to take on the financial responsibilities of both yourself and your loved one. Either way, you are likely facing an uphill financial battle.

At Greene Broillet & Wheeler, our Ventura wrongful death attorneys can help you get the compensation you deserve. Our team is highly skilled at building strong cases and advocating for the best possible outcomes for our clients. We understand the emotional toll a tragic death can take on a family and will work to ensure you and your family are treated with the compassion and respect you deserve.

Our Ventura County wrongful death lawyers can help you file a civil claim if your loved one died due to:

• Car accidents
• Motorcycle accidents
• Bus accidents
• Truck accidents
• Slip and fall accidents
• Defective products

If you have lost a loved one due to another person’s negligence, contact our firm today at (866) 634-4525 to learn more about our services and how we can help you.

What is Considered a Wrongful Death?

Wrongful death is a legal concept that refers to a situation in which a person’s death is caused by the negligent, reckless, or intentional actions of another party. When someone dies as a result of another party’s wrongful conduct, the surviving family members or beneficiaries may have the right to file a wrongful death lawsuit to seek compensation for their losses.

In California, there are specific elements that must be established to succeed in a wrongful death lawsuit, such as the following:

1. Duty of Care: The plaintiff (the person filing the lawsuit on behalf of the deceased’s estate or beneficiaries) must establish that the defendant (the party being sued) owed a duty of care to the deceased person. This duty of care is usually based on the specific circumstances of the case, such as a doctor’s duty to provide competent medical care or a driver’s duty to follow traffic laws.
2. Breach of Duty: The plaintiff must show that the defendant breached their duty of care. This means demonstrating that the defendant’s actions or omissions fell short of the standard of care expected in the given situation. For example, if a doctor failed to diagnose a life-threatening condition, it may constitute a breach of duty.
3. Causation: It must be established that the defendant’s breach of duty was the proximate cause of the deceased person’s death. In other words, there must be a direct link between the defendant’s actions and the fatal outcome.
4. Damages: The plaintiff must show that they have suffered specific damages as a result of the wrongful death. These damages may include funeral expenses, medical bills, loss of financial support, and emotional distress. The nature and extent of damages can vary depending on the circumstances.

Who Can File a Wrongful Death Lawsuit in Ventura?

In Ventura, CA, only specific individuals, known as “statutory beneficiaries,” have the legal standing to file a wrongful death lawsuit. These individuals are given the right to bring a wrongful death claim because they are considered the closest relatives or dependents of the deceased person.

Here are the primary statutory beneficiaries who can file a wrongful death lawsuit in California:

1. Surviving Spouse or Domestic Partner: The surviving spouse or domestic partner of the deceased person has the first right to file a wrongful death lawsuit. This means they are the primary beneficiary in such cases.
2. Children: If there is no surviving spouse or domestic partner, the deceased person’s surviving children may file a wrongful death lawsuit. This includes biological children, adopted children, and stepchildren.
3. Grandchildren: If the deceased person’s children are no longer alive, their surviving grandchildren may be eligible to file a wrongful death claim.
4. Dependent Minors: If there are surviving minor children of the deceased person who lived with and were financially dependent on the deceased for at least 180 days before the death, they may be able to bring a wrongful death lawsuit.
5. Dependent Parents: If there are no surviving spouse, domestic partner, children, grandchildren, or dependent minors, the deceased person’s dependent parents may have the right to file a wrongful death claim. This is especially relevant if the deceased was a child or adult who was supporting their parents financially.
6. Personal Representative of the Estate: If there are no surviving family members, or if the eligible family members choose not to file a wrongful death lawsuit, a personal representative of the deceased person’s estate may bring the lawsuit on behalf of the estate itself. Any damages recovered would be distributed to the deceased person’s heirs as determined by California’s intestate succession laws.

It’s important to note that the order of priority for filing a wrongful death lawsuit is typically spouse or domestic partner first, followed by children, and so on. If there are multiple eligible beneficiaries within a category (e.g., multiple surviving children), they may need to join together in the lawsuit or select one representative to file the claim.

Furthermore, if the deceased person had a will or estate plan that specifically addresses wrongful death claims, those instructions should be followed.

How a Ventura Wrongful Death Attorney Can Help

The death of a loved one is already an emotionally trying time, and the financial burden of losing a primary breadwinner can be overwhelming. When you have been left to pick up the pieces after the tragic loss of a loved one, you shouldn’t have to worry about how you will pay your bills and keep a roof over your head.

At Greene Broillet & Wheeler, our wrongful death lawyers in Ventura can help you file a claim for financial compensation. Our team can help you fight for the compensation you need to get back on your feet and move forward.

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If you have lost a loved one due to another person’s negligence, we are here to help. Call (866) 634-4525 or fill out our online contact form to schedule a free consultation with our Ventura wrongful death attorneys today.