How Do You Prove a Wrongful Death Claim?
- Aug 15 2019
The death of a loved one or family member can be difficult for anyone to experience. The loss and grief can be almost unbearable. However, when the death was preventable, there is an added level to the grief and loss. Had it not been for the negligence, carelessness, or wrongdoing of another person, your loved one would still be with you. If you are unsure whether your loved one’s death qualifies for a wrongful death claim, talk to a California wrongful death attorney. An attorney can evaluate the circumstances that led to the death to determine whether you can prove wrongful death for a claim.
What Is Considered a Wrongful Death?
It is helpful to understand what we mean when we refer to a person’s death as wrongful death. Wrongful death can arise out of many situations. Some of the common situations and events that give rise to a wrongful death lawsuit include:
- Traffic accidents, including crashes involving cars, trucks, motorcycles, commercial vehicles, buses, bicycles, and pedestrians
- Premises liability claims, including slips, trips, and falls
- Deaths related to defective products, including defective medical devices and dangerous drugs
- Boating accidents
- Explosions and fires
- Construction site accidents
- DUI accidents
- Recreational activities and sports
- Intentional violence and abuse
- Dog attacks and dog bites
- Nursing home abuse and elder neglect
- Occupational hazards and exposure
- Medical malpractice, including all forms of health care errors and negligence
Any of the above situations could give rise to a wrongful death claim. However, there are several legal elements that you must prove to be successful when you allege that a person or party is responsible for the wrongful death of another individual.
What Is Required to Prove a Wrongful Death Case?
Each wrongful death case is unique. However, there are basic legal elements that are required to be proven in every wrongful death case. The general requirements to prove wrongful death are:
- A death must have occurred from an identifiable incident (such as those listed above).
- Evidence that the death was caused by the wrongful act or negligence of another party. For instance, the death was the result of a person failing to yield the right of way and causing a traffic accident. Other examples might be a death that occurred because of a defective product causing an injury or a death that was caused by a fall from a balcony at a hotel that was improperly reinforced. There must be evidence that there is a direct correlation between the party’s actions or inactions and the person’s death.
- Losses and damages resulted because of the death. In California, losses and damages can include loss of love & affection, funeral expense, loss of physical help, and financial support or future earnings of the deceased.
Proving that a party’s negligence or wrongdoing was directly related to the cause of the person’s death can be one of the most challenging aspects of a wrongful death lawsuit. An experienced wrongful death lawyer is familiar with the legal elements required to prove liability. Working with an attorney as soon as possible can give you a better chance of obtaining justice for your loved one and your family.
Contact a California Personal Injury Attorney to Discuss a Wrongful Death Action
We want to help you and your family during this difficult time. During a confidential, comfortable consultation, our California personal injury attorney listens to your story and evaluates your legal options. Before the end of your consultation, we want you to understand your legal rights and options you have for pursuing a wrongful death claim. Contact us today for a free consultation with a California wrongful death attorney. We will make sure that you have the information you need to decide what is best for you and your family and you move forward after losing a family member.
Posted in: Wrongful Death