A wrongful death lawyer near me deals with disputes for families who lost a loved one. This is because of other people’s negligence or intention. Apart from tackling these lawsuits, she generally has competence with personal injury cases. Moreover, she can help families make negligent parties financially accountable for the casualties they suffered.
Wrongful Death Claim Explained
A wrongful death claim is similar to a criminal offense against a person that caused the demise of another person. It means that criminal offense is punishable by law and penalized or even sent to jail. Also, it does not provide for financial damages to the bereaved family of the decedent. To receive payment for the damages, the dependents have to file a civil suit. This is where you’ll require the help of a wrongful death lawyer.
Who Can File a Wrongful Death Case?
Filing a wrongful death claim under California law is possible if your loved one dies because of someone else’s recklessness. However, you must keep in mind if you have the right to do that.
In most states like California, only specific parties are allowable to file a wrongful death claim. Additionally, there’s an important thing you need to know when filing a claim. When one of the legitimate parties already filed a claim, the rest of the valid parties will no longer be able to do so. The law named them as plaintiffs instead, and can’t file anymore claim.
Those who can file a wrongful death claim are the following:
- Spouse of the departed
- Domestic partner of the departed
- Offsprings of the departed
There might be instances that no one from the above mentioned still exists or no one wants to file a claim. If this case, anyone who has the potential to inherit from the departed’s estate has given the right. This is according to California’s estate distribution laws or intestate or without a will succession.
People eligible to file a wrongful death claim include the deceased’s parents and immediate brothers and sisters. It also includes named and non related dependents of the departed. Acknowledged spouses and children can also have the right to file a wrongful death claim. However, they need to prove that they are financially dependent on the deceased. This is assuming that the relationship was not already legally documented.
What Proofs Does Wrongful Death Case Require?
Beneficiaries of the departed need to present proof when pursuing a wrongful death case. For you to obtain a good chance of progress, there are certain aspects that you should have. These are:
DUTY OF CARE
This means that the accused was in a situation where he or she did duty his or her job responsibly. One fine example is a doctor who owes a duty of care to his patients through the prescription of accurate medication. Another example is a driver who incurs a duty of care to other drivers on the road including pedestrians. He should have driven more safely and followed traffic and road rules.
Moreover, it is a legal duty to provide reasonable care to prevent causing harm to other people that are relatively foreseen. It can only occur where it is sensible to anticipate that a certain individual may acquire an injury. Your reckless act or behavior may cause harm as well which could lead to the death of other people.
BREACH OF DUTY OF CARE
Breach of duty of care occurs when an individual becomes injured due to the action or inaction of another individual. It’s reasonably expected that whatever action or inaction that caused the injury or wrongful death was unacceptable.
In lawful terms, causation pertains to the connection of cause and effect between an event or action and its result. It’s the act or process that creates an effect. The dependent needs to prove that the cause of the wrongful death was due to the negligence of the defendant.
Why Hire a Wrongful Death Lawyer Near Me?
Losing a loved one is a devastating experience that leaves us no choice but to face it. Other things that we need to deal with include all the expenses from the hospital to the funeral and others. All of these involve money not to mention the mental and emotional distress it caused.
After all this, you can think clearly about how or where you will start. You need the help of a wrongful death lawyer near me to help ease the burden on your shoulders because she’s:
- Familiar with legal proceedings
- Able to save you time and money
- Knowledgeable of the value of your claim
- Able to provide you support
- Capable of taking your wrongful death claim to court
Hiring the Right Wrongful Death Lawyer for the Case
When you need to hire the right wrongful death lawyer near me, LA Injury Group is your best choice. We provide the help you need and work hard and dedicate ourselves to helping out dependents win their case. Also, it’s our commitment to assist you in getting your wrongful death claim.
Call us now and let us provide you the assistance you needed most. Dial (877) 678-4689 and have a free case evaluation today. Don’t worry about the fee what’s more important is to win your case with the help of our wrongful death lawyer.