Maison Law represents anyone that’s lost a loved one in a fatal accident in Santa Barbara. Any time there’s a death in an accident, it’s incredibly challenging. Sadly, these tragedies are common, whether from car accidents, defective products, or medical negligence. If you or your family is in this situation, we can help. Contact us today for a free consultation.
Do You Need a Lawyer?
Nobody wants to think about losing their life or their loved one in an accident.
But at the same time, every accident in Santa Barbara carries the potential for fatal injuries, so a wrongful death claim might not be as distant as you think. Being in this situation is scary, and you don’t technically need a lawyer to file a claim. However, given the circumstances and stakes, having our experienced team on your side can be a huge help.
Our wrongful death lawyers can:
- Investigate the accident to evaluate your case and gather crucial evidence like medical records and expense reports.
- Talk and negotiate with insurance companies on your behalf.
- Support you and your family through this difficult time, simplifying the legal process.
Even though a lawyer isn’t required for a wrongful death claim, simply dealing with a loved one’s death is unimaginable. We approach these cases with care, respect, and a strong commitment to you and your family.
Who’s Liable in a Wrongful Death Claim in Santa Barbara?
When there’s a fatal accident in Santa Barbara, figuring out who pays for your damages–liable for the accident, in legal terms–depends heavily on the circumstances. There’s obviously many different types of accidents that can happen, any of which can result in fatal injuries.
But the legal standard for a wrongful death claim is actually the same as an injury claim: showing negligence. This narrows things down a bit, but still depends on what happened. So, in a typical accident, liability will fall on:
- Drivers in car or truck accidents
- Vehicle manufacturers when defective parts cause the crash
- Companies that make dangerous or faulty products
- Employers in workplace accidents
- Doctors or hospitals in cases of medical malpractice
- Individuals committing violent criminal acts
- Government agencies that don’t keep the road safe
- Store owners or management selling harmful products
- Homeowners or landlords who don’t keep their property safe
While this is a general overview, the specifics of an accident can make liability complex. But it’s a hugely important aspect of you or your family’s claim because it will give them the person or group that the wrongful death claim will be filed against–and who will have to pay for the damages.
How Does the Claims Process Work After a Wrongful Death in Santa Barbara?
The big difference with the claims process after a fatal accident is that a “wrongful death” claim is filed. This has many of the same characteristics and process of an injury claim, with a few key differences.
First, under California law, only specific people can file a wrongful death claim, like:
- Spouses
- Children
- Domestic partners
If the deceased person has no spouse or children, others may file, including:
- Parents
- Siblings
- Cousins
- Unmarried partners and their children
- Stepchildren
- Personal representative of the estate
With that established, the claim is filed either through an insurance claim out of court or a lawsuit in civil court. The point, as with other claims, is to recover damages. In a wrongful death claim, though, theses damages are also unique:
- Financial support the deceased would have provided
- Emotional pain and suffering
- Loss of companionship
- Income and benefits the deceased would have earned
- Medical and funeral expenses
- Punitive damages in some cases
In Santa Barbara, you still have two years from the date of death to file the claim. Missing this deadline could prevent you or your family from securing the financial support needed to move forward. But, because of the legal process, there still has to be a solid foundation for a claim.
How is the Foundation of a Wrongful Death Claim Formed?
The aftermath of a fatal accident is incredibly scary–especially if you’re not actually involved in the accident. Nobody wants to get the call that informs you of the loss of a loved one in an accident. However, just like any other claim, there has to be certain steps taken to gather the necessary information and evidence needed for a strong claim. To do that, here’s what needs to be done:
- Call 911 – You need a police response and an ambulance, even if there’s fatal injuries. Police will manage the scene, while EMTs can treat non-fatal injuries and confirm any fatal injuries. This can provide an official report of the accident and fatality.
- Report the accident to authorities – No matter what type of accident it is, it needs to be reported to authorities. This could be the police if it’s a car accident, an employer for a workplace accident, or a property owner if it happens at someone’s house.
- Gather information – If it’s safe, gather as much evidence and information as you can at the scene. That means taking pictures and videos of anything that caused or led to the accident, injuries, issues, and any other damage. Also, get contact and insurance information from anyone involved.
- Keep track of losses – Like any claim, you or your family are going to have to show the extent of your losses. This means keeping track of medical expenses, bills, funeral costs, and lost income to show how the death has impacted the family.
While tragic, wrongful death claims are similar to other injury claims, with each case being unique. The value depends on factors like income and medical costs, as well as the specifics of the accident. Ultimately, it’s going to come down to how strong you or your family’s case is presented. That’s why these steps are so important.
What Other Factors Go Into a Wrongful Death Claim in Santa Barbara?
Whenever you or your family wants to file a wrongful death claim, there’s a lot of different factors that go into what it’s worth. But this is another area that’s somewhat different from a normal injury claim. Here’s a look at some of the other things that factor into a wrongful death claim:
- Age and income of the deceased – Their age and income help figure out how much financial support they would have provided in the future.
- Age and needs of dependents – The needs of the deceased’s dependents, such as children or a spouse, are taken into account, including their financial dependence and any special needs.
- Earning potential and education – The deceased’s potential future earnings based on their education and career prospects are also considered.
- Medical and funeral costs – Costs related to medical care before death and funeral expenses are included in the claim.
- Lost benefits – This covers any benefits the deceased would have provided, like retirement funds or health insurance.
Losing a loved one is always hard, especially if their death was caused by someone else’s negligence or violence. The financial strain can add to the pain of the loss in a very real way, which is why there’s a legal process in place. But filing a wrongful death claim can be equally challenging. Our team of Santa Barbara wrongful death lawyers will be there to support you and your family.
Frequently Asked Questions
What makes a wrongful death claim?
Negligence. Every accident can potentially be fatal, but when the accident is caused by the negligence of someone else, it rises to the level of a wrongful death claim.
Does it matter what kind of accident it is?
No. Any accident that results in fatal injuries and is caused by someone’s negligence is going to give you or your family the right to file a wrongful death claim.
Is there a deadline to file a wrongful death claim?
Yes. In California, you have two years from the date of death to file the claim.
Experienced Santa Barbara Wrongful Death Lawyers Can Help Your Family
If you’ve lost a loved one in Santa Barbara due to wrongful death, Maison Law is here to help. Our team of experienced Santa Barbara wrongful death lawyers will support you, protect your family’s rights, and hold those responsible accountable. We want to make sure the legal process gives your family what they need to move forward. Contact us today for a free consultation.
