805-962-1930 Santa Barbara Wrongful Death Lawyer
Losing a loved one to an accident or due to negligence is a devastating experience. Funerals and burial cost range in the thousands of dollars, and a household may lose income when a family member dies. Family members must face the loss of companionship and emotional support, which is especially devastating for children who have lost the guidance of a parent.
The families and loved ones of a wrongful death victim can recover damages under the California judicial system. Unfortunately, the process of filing a claim is very complicated and overwhelming for people when they are coping with grief and concern about their future.
Who can sue for wrongful death in California?
Under California wrongful death laws, the surviving family members in Santa Barbara are able to file a wrongful death claim to recover losses when another person’s negligence, misconduct, or reckless actions have resulted in the death of their loved one. The wrongful death attorneys at Maho Prentice, LLP have experience providing legal advice to victims of any type of wrongful death action in Santa Barbara. We believe that the liable party or insurance company should bear the financial burden of their actions and neglect, not the grieving family members. We are prepared to guide you through the process of filing a claim, so call us now to speak to a Santa Barbara wrongful death lawyer at Maho Prentice, LLP.
Who Can File a Wrongful Death Claim?
The individuals who have the right to file a claim in California include the:
- Decedent’s surviving spouse or domestic partner
- Decedent’s surviving children, both biological and adopted
- Decedent’s grandchildren
Additionally, the decedent’s putative spouse, stepchildren, parents, or legal guardians can also file a claim if they can prove that they were financially dependent on the decedent.
Common Causes Of Wrongful Death
It is understandable to be distraught after a loved one has passed away, but it is even more distressing for loved ones to deal with a death that was due to a preventable accident.
Unfortunately, there are myriad ways a person could be killed by another individual or entity’s actions or inactions. As Santa Barbara wrongful death lawyers, we represent family members of individuals who have been fatally injured due to a:
Construction Accidents
Construction sites are dangerous places. There are many large pieces of mechanical equipment that can lead to injury. An active site also has many workers and materials being moved around. Although there are safety protocols in place, they may not be followed in the interest of time and convenience. If your loved one died due to a construction company’s disregard for safety rules, they may be held liable.
Pedestrian Accidents
Pedestrian accidents happen all too often in the United States. Drunk drivers, distracted drivers, and people speeding are often responsible for these accidents. If they injure a pedestrian, their insurance must pay any resulting damages.
Dog Bites and Attacks
Dogs are man’s best friend, but sometimes their owners do not train them properly. Unfortunately, dog bites can result in injury or death. When dogs are trained to be aggressive by their owners or when they are abused, they are more likely to bite people. A dog owner is considered liable for their dog’s behavior.
Product Liability
When a product is improperly designed or manufactured, people can get injured from using it. In some cases, a person may die from using an unsafe product.
Sometimes, the design of a product is fine and it is manufactured properly, however, the instructions to use that product are incorrect. If a person isn’t told of the dangers of using a product or the instructions direct them to use the product in a way that will hurt them, the company will be liable for injury or death.
Other reasons for wrongful death include.
- Boating Accidents
- Aviation Accidents
- Catastrophic injury
- Motorcycle accidents
- Bicycle accidents
- Premises liability, or injuries resulting from a neglected property such as slip and fall
- Car accidents, truck accidents, or other motor vehicle accidents
Frequently Asked Questions About Wrongful Death
Following the devastating death of a loved one in Santa Barbara, CA, you may have many questions for a wrongful death attorney. If your family member or loved one died because of an accident that was caused by another’s negligence or recklessness, then a personal injury attorney from Maho Prentice, LLP can answer your questions about wrongful death cases. The following information does not constitute a client-attorney relationship. For specific answers regarding your wrongful death lawsuit, call Maho Prentice, LLP now to schedule your risk-free case evaluation.
What types of damages can be recovered in a wrongful death case?
If the decedent would have had a valid personal injury case and have been entitled to compensation had they lived, but their life was cut short due to the negligence of the defendant, then you need an attorney who specializes in these types of personal injuries and wrongful death cases. A lawyer from Maho Prentice, LLP can help you recover damages such as:
- Medical expenses
- Funeral and burial costs
- Loss of income
- Loss of future earnings
- Loss of the decedent’s companionship and protection
- The mental pain and suffering the decedent experienced before their untimely death
Damages for pain and suffering compensate the family members and dependents for the emotional distress they have experienced. If you have suffered shock or trauma as a result of your loved one’s death, then call Maho Prentice, LLP to schedule a consultation with an attorney in Santa Barbara.
How are wrongful death cases proven?
In order to win compensation for their clients, a wrongful death attorney in Santa Barbara must prove that the defendant owed the victim a duty of care. For example, drivers have the duty to obey traffic laws and be sober behind the wheel to prevent a car accident. Your Santa Barbara attorney will have to establish the defendant’s duty to the decedent and that this duty was breached as a result of their negligent or reckless action or inaction.
The wrongful death attorneys at Maho Prentice, LLP can win compensation for their Santa Barbara clients deserve by proving that:
- The defendant’s actions or inactions directly caused their loved one’s death.
- The decedent’s death had a devastating effect on the surviving family members and dependents, both financially and emotionally.
- The loved one’s death resulted in financial losses, such as funeral expenses, and other monetary damages.
Call Us To Discuss Santa Barbara Wrongful Death Case
Clients seek us out because of our 20 years of experience serving the people of Southern California with their personal injury cases. The lawyers at Maho Prentice, LLP are committed to helping our Santa Barbara clients obtain the maximum compensation for their claim. Calculating damages can be confusing and difficult, especially when grieving the loss of a loved one. This is why we are here to guide you throughout the entire legal process and advise you of your rights with compassion and empathy. We fight for justice on behalf of all of our clients, and we will leave no stone unturned when pursuing your claim. Call now to schedule your free case review.