There's no monetary value that can equal the life of a loved one. However, a California Wrongful Death Lawsuit can hold a responsible party liable for a loved one's death and alleviate the present financial problems the remaining family is suffering.
So, let's look at the California wrongful death damages and lawsuit process, how it helps loved ones, and how you can achieve them.
Can You Pursue A Wrongful Death Claim In California?
Four requirements must be met before a California Wrongful Death Lawsuit can be filed:
- A loved one's death must have been brought on entirely or partly by the defendant's actions.
- Due to the defendant's carelessness, a loved one died.
- You and the other surviving family members have been emotionally impacted by a loved one's death.
- You suffered financial loss as a result of the death of a loved one.
The key to California Wrongful Death Claims is negligence. You should prove that the defendant was negligent and caused the death of someone. Additionally, you'll need to identify the losses you've experienced due to a loved one's death.
That said, these elements must be presented and backed up with proof. Consult a California Wrongful Death Lawyer to help you build a solid claim.
How To Prove Negligence In A California Wrongful Death Case
Proving negligence, which must exist for the case to be considered, is the most complicated aspect of wrongful death proceedings. Essentially, this indicates that someone failed to exercise reasonable and expected care in a specific circumstance. A claim for wrongful death may be made if this causes a death.
It is possible to prove negligence in a wrongful death lawsuit by demonstrating how careless the defendant acted. Furthermore, it must be shown that there was a direct link between the defendant's negligent acts and the loved one's passing. This is a very complicated process that calls for the testimony of witnesses, supporting documentation, and an extremely persuasive argument.
A claim of negligence has four distinct components. First, for the lawsuit to be heard, the plaintiff must prove the following:
1. The Defendant Had Duty Of Care
In the circumstances of the incident, the defendant must have owed the dead a legal responsibility. It is referred to as the legal responsibility of care.
Examples of duty of care include:
- Doctors are responsible for taking care of patients and informing them about their health.
- Drivers must pay attention on the road, follow traffic rules, and drive safely.
- A store owner is responsible for removing or addressing hazards in their shop, such as open wires, slippery floors, and debris.
For example, if a driver goes over the speed limit and causes an accident that kills someone, they have been negligent for not following traffic laws.
2. There's A Breach Of Duty Of Care
To prove that the defendant breached duty of care, the plaintiff must show that their actions or inaction fell short of what was expected.
Examples of breaching duty of care include:
- A commercial pool owner fails to hire a lifeguard and install signs around the pool.
- A driver is texting while driving.
- A construction company fails to ensure safety precautions like signs and equipment.
3. The Breach Of Duty Caused Your Loved One's Death
California wrongful death cases must establish that the defendant's actions or omissions caused your loved one's injury and eventual death. This is the most crucial aspect of wrongful death in California, as it is
4. The Plaintiff Suffered Damages As A Result Of A Loved One's Death
The plaintiff must show they suffered suffering or injury from the defendant's activities. Death would be the "loss" or "injury" in a wrongful death case.
Calculating these damages would be crucial for plaintiffs. You need to list the losses you incur and prove they're related to the defendant's negligence. That said, contact a prescreened Los Angeles wrongful death attorney to help you build a solid claim.
Who Can File California Wrongful Death Cases?
The surviving spouse, domestic partner, and living children are eligible to bring a wrongful death lawsuit in California. Without these parties, anyone with an intestate succession claim to the decedent's property is eligible to file. Parents, siblings, and other possible beneficiaries are included in this.
If the putative spouse, putative spouse's children, stepchildren, and parents can show that they were financially reliant on the deceased, they may file wrongful death lawsuits.
Is There A Deadline?
The plaintiff must submit their lawsuit within two years of the date of their loved one's passing for the courts to consider it.
There are some wrongful death cases where this deadline won't apply, including:
- You have three years from the date of the injury or discovery to file a claim if your loved one passes away due to medical negligence.
- Only six months after the decedent's passing are plaintiffs allowed to file claims against governmental entities.
Talk To A Prescreened California Wrongful Death Lawyer In Minutes!
1000Attorneys.com provides lawyer referral services in California. We can refer you to a prescreened, experienced, and discipline-free California Wrongful Death Lawyer in under 5 minutes.
Fill out our case review form or talk to us through our 24/7 live chat feature.
0 Comments