Experienced And Compassionate Wrongful Death Attorney

Picking up the pieces after a family member’s untimely death can feel overwhelming. If your loved one was killed by the negligence or intentional actions of another person, business or organization, an experienced and compassionate attorney can help you seek accountability and justice from the at-fault party and any others who may be liable.

Our founding attorney, John H. Howard, has over four decades of experience as a lawyer. He has been honored to help many grieving families navigate the often complex process of pursuing a wrongful death claim. At the Law Offices of John H. Howard, we keep our caseload small so that we can give each client the undivided and personalized attention they deserve.

Wide-Ranging Experience In Wrongful Death Litigation

We have helped families pursue litigation for claims stemming from a wide range of fatal scenarios, including:

• Drunk driving crashes and other car accidents
• Crashes involving trucks and large commercial vehicles
• Mass transit accidents including bus and train accidents
• Accidents on dangerous private property
• Manslaughter and homicides due to negligent security
• Animal attacks

The circumstances leading to a wrongful death claim are often very similar to those that would warrant a personal injury lawsuit. One key difference is the degree of harm that the victim suffers. Another difference is who serves as plaintiff, which is discussed below.

Who Has The Legal Right To Sue For Wrongful Death?

State law determines who has legal “standing” to sue for wrongful death. In California, authority goes to family members of the deceased victim in order of priority. Those given first priority include a surviving spouse or partner, surviving grandchildren.

If the deceased victim had none of the aforementioned family members, other relatives or those who may have been financially dependent on the decedent would have the opportunity to bring a claim.

We Work Tirelessly To Hold Responsible Parties Accountable

There is no amount of money adequate to compensate for the loss of someone you loved. Nonetheless, financial damages are both necessary and appropriate. We will utilize our extensive knowledge and experience to help you pursue accountability for losses that include:

• Medical bills up to the time of death
• Pain and suffering
• Funeral and burial costs
• Loss of income and financial support
• Loss of gifts and inheritances
• Loss of love and companionship and guidance

When someone has been killed by the negligent or intentional actions of another, the family’s emotional suffering should not be compounded by financial hardship. While we cannot right the wrongs you have suffered, we can advocate vigorously to ensure you have the resources you need to continue on in your loved one’s absence.

Answering Your Questions About California Wrongful Death Claims

Losing a loved one to negligence is nothing less than devastating, and understanding the legal aspects of a subsequent wrongful death claim is crucial. Answers to these frequently asked questions about California wrongful death claims can provide clarity about your situation and rights.

Who is eligible to file a California wrongful death claim?

In California, the following individuals have the right to pursue a claim after the loss of a loved one:

• Surviving spouse or domestic partner
• Children and offspring of deceased children
• Parents and offspring of deceased parents
• The putative (acknowledged) spouse and children
• Stepchildren who were financially dependent on the deceased
• Legal guardians of the decedent, if the parents are deceased

Minors who resided with the deceased for at least 180 days before the death and were dependent on them for support, may also be eligible.

What types of damages are recoverable in a wrongful death lawsuit?

A successful wrongful death lawsuit can yield the following damages, helping relieve many of the hardships that accompany a wrongful death.

• Burial and funeral expenses
• Lost income and financial support
• Loss of consortium and companionship
• Pain and suffering of the deceased (if applicable)

These damages help bereaved families cope with the financial and emotional impact of their loss.

What is the statute of limitations for filing a wrongful death claim in California?

The statute of limitations in California for filing a wrongful death claim is two years from the date of the deceased person’s death. It is crucial to file within this timeframe to ensure your claim is considered.

How does California law define ‘wrongful act’ or ‘negligence’ in the context of wrongful death claims?

Under California law, a wrongful act or negligence as it pertains to a wrongful death claim refers to any act, omission or negligence that causes the death of another person. Examples include:

• Car accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Assault and battery
• Elder or child abuse

If you have additional questions or need further assistance, we invite you to reach out to us for personalized guidance.

Compassionate Legal Help

The Law Offices of John H. Howard is based in Oxnard and serves clients nationwide with a focus on Ventura, Santa Barbara and San Luis Obispo counties. To discuss your legal options with an attorney who listens and cares, contact our office to schedule a complimentary initial consultation. Just call 805-309-9296 or reach out online.