Camarillo Wrongful Death Lawyer
It was what you might call a freak accident, but it changed your life forever. You were walking down the aisle of your local hardware store, looking for new paint and supplies, when a heavy box containing a washing machine fell from the top shelf and landed on your husband. A nearby forklift operator had been moving inventory and accidentally knocked the box off its perch. The impact killed your husband instantly, so at least he didn’t suffer. But you suffer with the vivid memories of that horrible day and miss your soulmate.
You later learn that they should have cordoned off that aisle before moving boxes around, while the forklift operator wasn’t properly trained. He was simply asked to fill in for their regular guy. He, of course, feels awful about what happened and has reached out to offer his condolences. The grieving process will take a while but what you need right now is some financial support to replace your late husband’s income, not to mention funeral and cremation costs.
So who’s to blame? Sure, it was a freak accident, but the hardware store clearly didn’t follow standard procedures. You’ll want to contact a skilled Camarillo wrongful death lawyer at Walch Law as soon as possible. Why choose Walch Law? Because Robert and Gary Walch have over 40 years of experience winning wrongful death cases and will work hard to get you and your family the same great results. Following a death like this you know you need legal help but probably don’t want to deal with it, we get that and only need you to call us to get started.Who May File a Camarillo Wrongful Death Claim?
Wrongful death claims aren’t meant to punish the at-fault party for causing someone else’s death but rather serve to compensate those who are left behind and affected by the loss. If it’s an intentional killing, then it becomes a criminal matter as well. Wrongful death claims are filed by spouses, children, or others who are close to the deceased (or financially dependent on them).
More specifically, parties with the following relationships to the deceased may file a wrongful death claim:
- Surviving spouse or domestic partner
- Surviving children
- If none of the above apply, then anyone who would be entitled to the decedent’s estate (such as parents or siblings) may file a claim
- Anyone who can prove they were financially dependent on the decedent
It may seem odd to put a dollar amount on the life of a loved one, but just remember that’s meant to compensate you for the pain of losing that person in addition to the actual cost of their absence. A skilled Camarillo wrongful death lawyer will be able to handle the case with compassion while negotiating with other parties as a disinterested party. But don’t accept the first settlement offer if you haven’t spoken to an attorney; it may not be adequate.Wrongful Death Claims and Liability
You’re fairly certain that the forklift operator was doing his best to fill in for the regular guy, and certainly didn’t intend for anyone to die, but the company made a mistake by allowing an untrained operator to do this while the store was open for business. They also failed to block that aisle while he was moving heavy boxes (perhaps the operator didn’t realize that was required). In other words, the hardware store management failed to exercise caution and, as a result, created a dangerous situation.
Since it was unreasonable to create such a potentially dangerous situation, the company may be held liable for the negligence that led to your husband’s death. Wrongful death claims must satisfy the following elements in order to prevail:
- A human died
- This death was caused either by another's negligence or intent to cause harm
- Surviving family members are suffering monetary injury as a result of the death
- A personal representative for the decedent's estate has been appointed
Since you and your family are suffering monetary injury as a result of your husband’s death (you need two incomes to get by in California, after all), you have a valid claim against the company.Damages for Your Westlake Village Wrongful Death Claim
While you’re not being asked to put a price on your spouse’s life, you need to calculate your monetary losses as a result of his death. These are referred to as damages, which may include (but aren’t limited to) the following:
- Funeral and burial expenses
- Lost financial support
- Loss of household services
- Loss of companionship, affection, and intimacy
No amount of money can replace the love and affection your husband offered, but you can recover lost income and other monetary losses stemming from his death. Grieving is hard enough without having to worry about paying the bills. Contact the Law Offices of Gary K. Walch, a Law Corporation to learn more about your legal options. Our 95%+ success rate means we know how to win these cases—give us a call today and let’s get started.