When a loved one dies due to the negligence or intentional wrongdoing of another party, you may have the right to pursue compensation through a wrongful death claim. However, to successfully recover damages, your case must meet four specific elements required by California wrongful death law. An experienced wrongful death attorney can help guide you through this complex process, gathering evidence and building a compelling case to hold the responsible parties accountable.
Proving a Wrongful Death Claim
Not all accidental or untimely deaths qualify for wrongful death compensation. To establish a valid claim, four essential elements must be proven:
- Duty of Care: The defendant must have owed a duty of care to the deceased. Duty of care refers to an individual or entity’s obligation to act reasonably and avoid harming others. For example:
- Drivers have a duty to follow traffic laws.
- Property owners must maintain a safe environment for lawful visitors.
- Medical professionals are expected to provide a standard level of care.
- Manufacturers have a duty to design and produce safe products.
- Breach of Duty: After establishing that a duty of care existed, it must be proven that the defendant breached this duty. A breach occurs when someone fails to act according to the expected standard of care under specific circumstances.
- Causation: The third element requires showing that the defendant’s actions or inaction directly caused the death. Evidence must establish a clear connection between the breach of duty and the fatal outcome, which may involve detailed investigation and expert testimony.
- Damages Suffered by Surviving Loved Ones: To pursue a wrongful death claim, the deceased’s family members must have suffered specific losses due to the death. Damages may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Pain and suffering
- Loss of income and financial support
- Loss of companionship and emotional support
The Role of a Wrongful Death Lawyer
Proving each of these elements requires a skilled and experienced wrongful death lawyer who can effectively gather evidence, consult with experts, and build a strong case. A knowledgeable attorney will understand California’s wrongful death statutes and navigate the legal complexities on your behalf.
Wrongful death cases often involve significant damages and may require multiple rounds of settlement negotiations. Your attorney will advocate for the compensation your family deserves, providing support and guidance throughout this difficult process.
Contact LA Law Group for a Free Consultation
If you’ve lost a loved one due to someone else’s negligence, contact LA Law Group today to schedule a free consultation. Our compassionate wrongful death lawyers can help you understand your legal options and pursue the compensation your family deserves during this challenging time.
