Losing a loved one who died due to another’s negligence- whether at work or elsewhere – is such a devastating experience. There is nothing you can do but file a wrongful death claim. An expert Los Angeles wrongful death lawyer is your best ally to help you get a fair recovery for the damages.
What is a Wrongful Death Claim in California and How Does it Work?
A wrongful death claim ensues if a person dies because of the wrongful or intentional action of another individual or third-party. It is a civil lawsuit and directly brought to the court by the deceased’s surviving family. It would be best if you hire an expert LA wrongful death lawyer to represent you.
Also, the personal representative of the departed person’s estate can file the lawsuit. The liability is only epitomized in connection with financial damages. The court, in turn, will order the defendant to pay the deceased victim’s survivors (supposing that the lawsuit is successful).
Los Angeles Wrongful Death Lawyer: Eligibility for Filing a Claim
A wrongful death claim usually arises after an incident wherein the victim died due to the defendant’s unjust action. It happens in different situations like:
The victim was purposely killed. One example is the O.J. Simpson case where he intentionally murdered Nicole Brown and Ronald Goldman. The wrongful death lawsuit that the surviving families brought to the court was different from the state’s felonious case against the Simpson.
The victim died because of medical malpractice. Wrongful death happens when a physician missed diagnosing an ailment or is irresponsible in providing care. It can result in the victim dying because of the doctor’s medical negligence.
Car accident death toll including carelessness. When the victim died brought on by car accident injuries, the surviving family can file for a wrongful death claim.
Those are some of the incidents that make personal injury cases turned into wrongful death claims. It can result in nearly any type of personal injury situation.
Necessary Proof of Evidence
If a loved one died because of another person’s negligence, the first thing that will come to your mind is to file a wrongful death lawsuit. It is easier said than done because you need to adequately provide all specific legal aspects of irresponsibility. These are as follows:
- The responsible party had a particular duty of care obligated to victims.
- The liable party breached that obligation in some way.
- The disregard resulted in an accident and injuries that killed the victim.
- The victim’s demise leads to your and other claimants’ losses.
Additionally, you must have sufficient evidence to satisfy the burden of proof. It is the expanse of evidence you have to present to uphold your allegations. It will help sway a jury or a judge that a wrongful death really occurred.
Showing Intentional Harm to Be True
Not all wrongful death cases occur due to negligence, but also happens intentionally. To prove that death was intentionally done, you need to provide the following pieces of evidence:
- The defendant had the determination to accomplish the act
- The accused made coercive contact with the victim
- The contact caused fatal harm leading to the victim’s death
In most cases, violent death sparks off into a criminal case for manslaughter and homicide. It will be separately handled from the wrongful death lawsuit. However, an expert Los Angeles wrongful death lawyer knows how to use a criminal case to help your odds of recovery for wrongful death.
Establishing the death of your loved one as caused by another individual’s wrongful act is difficult. You will require the service of a capable Los Angeles wrongful death lawyer. After proving the offender’s wrongful act, you have to prove the damages you sustained because of your loss.
Significantly, California trial courts have always asserted that damages for emotional distress are not rectifiable in a wrongful death proceeding. Nevertheless, an individual contending a wrongful death claim might also stress delinquent or premeditated perpetration of emotional distress against the exact party.
Below are some of the more frequent damages implored in wrongful death cases in California:
- Loss of the departed victim’s love, intimacy, good spirits, support, and protection
- Loss of economic support
- Loss of Future Earnings
- Loss of domestic services
- Expenditures related to the deceased victim’s funeral and burial
Substantiating these damages is generally challenging. Seeking the expertise of a Los Angeles wrongful death lawyer to help you is the best decision you can make.
Contact the Expert Los Angeles Wrongful Lawyers at LA Injury Group
We understand what you are going through and we are here to help in the best way we can. Our compassionate and committed dependable Los Angeles wrongful lawyers will be always available for you.
You have nothing to lose because we work on a contingency basis. Call us at (877) 678-4689 for a free case evaluation.