Close relatives or the executor of the deceased person's estate can file a civil lawsuit against the person or party that caused the wrongful death in California. While no amount of money could equal the loss of life, the compensation is meant to at least give the deceased's family assistance for their financial and emotional losses.
However, you or your Los Angeles wrongful death attorney must prove it to get a settlement or be awarded by courts.
What Exactly Is a Civil Wrongful Death Case?
A criminal charge of murder or homicide is not the same as a civil claim for wrongful death. While a civil lawsuit seeks to hold a defendant financially responsible (liable) for the connected losses suffered by surviving family members, a criminal case seeks to punish a defendant for causing a death. Conversely, a civil wrongful death case seeks monetary damages to restore the filing party's financial situation.
A fatality brought on by the wrongdoing or negligence of another person is considered a wrongful death in California. Generally speaking, you can bring a wrongful death claim if your loved one would have been eligible to do so had they lived.
If you are the deceased person's surviving spouse or domestic partner, child, grandchild, or someone who can show that you were reliant on the decedent, you might be entitled to launch a wrongful death civil action.
That said, this process could be strenuous. Therefore, you should consider consulting a prescreened California wrongful death lawyer to help you gather evidence, submit the proper paperwork, and represent you in court.
What is Required To Establish Wrongful Death?
The most frequent legal basis for wrongful death claims in California is negligence. When one fails to act reasonably or with due care, causing harm to another person, it is considered negligence.
A plaintiff's California wrongful death attorney must demonstrate each of the four components of negligence to establish that wrongful death happened and that the defendant(s) is/are responsible:
1. Duty Of Care
A legal duty of care must have been due by the defendant to the deceased. It is your duty to act in the same or comparable ways as a sensible and reasonable person would. For instance, every driver in California must drive safely and follow traffic laws to prevent harm to others.
2. Breach Of Duty Of Care
Any conduct or omission a reasonable party would likely not have made constitutes a breach of the duty of care. It can allude to the defendant's careless or reckless actions, willful contempt for others' safety, and deliberate intent to hurt.
3. The Breach Caused The Accident And The Death Of A Loved One
Causation is the legal term for when the defendant's negligence produced the injury in question or significantly aided its development. If the defendant had not violated or breached their duty, the fatal damage would not have occurred in a wrongful death case.
4. There Were Damages Caused By The Breach And Wrongful Death
Damages are losses incurred by the plaintiff due to the defendant's wrongdoing or carelessness. For example, damages are frequently used in wrongful death cases to refer to funeral and burial expenses, loss of consortium, and lost wages.
In a wrongful death lawsuit, showing that the defendant intentionally killed your loved one is not essential. Proof that the offender meant to hurt the victim is not even required.
If you can prove someone was negligent or irresponsible and that this was the valid reason for your loved one's fatal injury, you can hold them accountable in the civil court system. Hence, getting an experienced Los Angeles wrongful death lawyer could help ensure you have a solid case.
Who Has The Burden Of Proof In California?
It is the responsibility of the bringing party (plaintiff) to establish the case during a personal injury or wrongful death claim. The preponderance of the evidence is what carries the burden of proof. This clear proof persuades a judge or jury that the defendant is almost certainly to blame for the death of your loved one.
This burden of proof is lower than the evidentiary requirement that must be reached in a criminal proceeding, which is proof beyond a reasonable doubt.
However, without the aid of a California wrongful death lawyer, it may still be challenging to compile sufficient proof to back up your claim. Contact a Los Angeles wrongful death lawyer right away for further information on how to establish a wrongful death claim in the state of California.
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