It’s natural that you’d want to go to court and file a case when your loved one dies due to someone else’s negligent actions. You want to hold the responsible party liable for your devastating loss. However, that is easier said than done. Big Ben Lawyers can get you the best medical care and maximize your compensation. Work with our best trial California wrongful death lawyers who will always be by your side to protect your rights and defend you from the insurance company. Call (818) 423-4878 and book a FREE evaluation of your case.
There are certain procedures that you need to follow and rules to obey. The complicated nature of the process will make it hard for victims who have little or no knowledge of the law. California laws allow the surviving family to financially recover all of the losses caused by their loved one’s wrongful death due to other people’s negligence or wrongdoing.
We fully understand how it feels to lose a loved one who dies naturally because of old age or illness. However, a loved one who died because of the negligent actions of another person is a different story. You need to seek the legal expertise of a reputable law firm in California.
Proving Your Loved One’s Death Was Wrongful
The key to receiving compensation is proving that your loved one died wrongfully, mainly because of someone’s negligence or premeditated action. With the help of Big Ben Lawyer’s California wrongful death legal representative, we can help you gather facts to demonstrate specific legal elements of your loved one’s wrongful case:
- The death manifested because of someone else’s negligent actions
- You should have enough evidence to prove your case
- It should not be less than 51% that a wrongful death likely occurred
Additionally, you should have sufficient evidence to meet the required burden of proof. It’s the amount of evidence you need to present to support your assertions to persuade the court that a wrongful death did happen. You don’t have to prove wrongful death beyond a reasonable doubt. Rather, you need to prove the burden of proof known as the “preponderance of the evidence.”
California Wrongful Death Lawyers: Presenting Adequate Proof of Negligence
When your loved one died wrongfully because of other people’s negligence, you have to reasonably fulfill all certain legal elements of negligence. These are as follows:
- The liable party or defendant had a certain duty of care owed to the deceased victim(s)
- The responsible party breached that duty of care in some way
- That breach resulted in an accident that caused the wrongful death
- The wrongful death lead to the surviving family’s losses
Duties of care, on the other hand, differ according to the specific type of accident that transpired. Examples of duties of care and how negligent people can breach them include:
A property owner must ensure his property or premises are hazard-free. If he knew of a dangerous condition but didn’t do anything to fix it, he is breaching that duty of care.
We entrust our health and lives to medical professionals and we expect them to provide the level of care we deserve. However, if they fail to do so, they breached their duty of care.
It’s the driver’s responsibility to drive safely and ensure the safety of other people using the road including pedestrians and other motorists.
A manufacturing company must ensure that the products they make and sell are safe to use and provides sufficient, clear instructions and warning regarding the product’s proper usage.
After establishing the liable party’s breach of duty, you should present proof of evidence that the breach of duty caused or imparted to your loved one’s injuries and untimely death.
Proving Intentional Harm
Not all wrongful death cases stemmed from negligence, but also from intentional acts. You need to prove these specific elements in an intentional act:
- The defendant has intentions to harm your loved one
- The liable party made coercive or aggressive contact with the victim such as intentionally running over the victim or using a weapon against your loved one
- That contact caused deadly harm
In some cases, violent deaths lead to a criminal case for homicide, handled separately from a wrongful death case.
What Type of Damages Can You Recover in a Wrongful Death Case?
After proving the liable party’s negligence that caused your loved one’s demise, you may recover compensation for the following losses and overheads:
- Medical expenses during the victim’s hospital stay before his death
- Spending associated with the deceased victim’s funeral and burial
- Loss of future income
- Loss of household services
- Loss of financial support
- Loss of household services
- Loss of consortium
Demonstrating the abovementioned damages is generally difficult and needs important expert analysis. It’s significant to consider a few factors into account, including life expectancy, inflation, education, skills, and abilities. You can do all of these with the help of our skilled Glendale wrongful death attorney.
What is the Statute of Limitation in Filing a Wrongful Death Claim in California?
Generally, the state allows the surviving family to file a wrongful death claim within two years from the date the victim died. However, there’s an exception to the statute of limitations called the “discovery rule.” This applies when the cause of the victim’s death wasn’t clear when he passed away, but the cause was later discovered. This situation may prolong the amount of time that the departed victim’s family has to bring a wrongful death lawsuit.
Who are Eligible to File a Wrongful Death Lawsuit?
When a victim dies, his or her surviving family can file a wrongful death claim as one and not as an individual. They are:
- Surviving spouse of the decedent
- Victim’s surviving children, including stepchildren
- Deceased victim’s parents
- Other heirs of the departed victim
Get the Help You Deserve. Contact Big Ben Lawyers Today.
It’s painful to lose a loved one and we know the feeling. Adding salt to injuries are the expenses incurred during medical care, funeral, and burial. No amount can replace the life of your loved one and the only thing that you can do is file a lawsuit to keep the responsible defendant(s) pay for their negligent actions or wrongdoings.
We are always ready to help and we always do our best to serve the victim’s surviving family. Don’t hesitate to keep in touch with us and know what are your rights. We’ll protect your rights and ensure that you’ll get the compensation you deserve. Call (818) 423-4878 for a free evaluation of your case.