How are neglectful death lawsuits processed?

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By Yosi Yahoudai
Founder and Managing Partner

Losing a loved one is traumatic enough, but losing them unexpectedly, mostly through someone else’s negligence, can be even more difficult. Aside from the sadness and emotional pain that the surviving family members of the deceased may experience, they also have financial concerns.

A death is considered “wrongful” or negligent when it is caused by breach of contract or warranty, illegal conduct, or some procedural failure on the part of a healthcare professional. The decedent’s estate or surviving family members may file a civil lawsuit on wrongful death charges in certain situations, including:

  • Negligence or breach of procedure
  • Breach of duty of care
  • Direct or indirect causation

Regardless of the type of case, you must prove that the defendant’s negligence and conduct led to the death of the decedent. To prove negligence, you must be able to show that the responsible party was acting recklessly, whether due to lack of preparation in their work area, intoxication, or some other cause. In wrongful death claims, you must persuade the court that the evidence and your account of the incident have a greater than 50% chance of accuracy.

After establishing a link between the defendant’s breach of duty and the death of your loved one, it is necessary to be able to show that the defendant’s behavior was caused by negligence. This is why the preservation of evidence is so important; causation of a death can be difficult to prove depending on the facts, which may even cost you your wrongful death claim. A lawyer who is an expert in this area will know how to collect and review all kinds of evidence (including accident records, medical reports and other documentation) and then link it to the breach of duty that caused the death of your family member, thus proving the defendant’s negligence. .

When it comes to statutes of limitation in wrongful death cases, although there is no precise legal definition related to duty of care, the general laws for personal injury claims apply for this type of case, which means a maximum of two years to file your claim if a family member has died due to the negligence of a third party.

Our wrongful death attorneys will determine if you have a legal basis to file a lawsuit. They will also help you gather evidence to prove that the reported death was caused by negligence and will represent you in court if necessary.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.