What can you expect?
Although nothing can replace the loss of a loved one’s life, a wrongful-death suit can help you get closure following the sudden and tragic death of a family member due to negligence of another party. Californian law permits surviving relatives to seek compensation for the emotional and financial losses they suffered following an accident that resulted in their loved one’s death. Cases seeking to recover losses both financial end emotional to an injured party are refereed to as personal injury cases.
Court proceedings (what to expect)
Every state has its own strict laws that require you follow strict procedures in order to recover your losses. Often times this process is arduous and can cause a lot of emotional turmoil. The court will ask you to prove negligence and show evidence that a wrongful death occurred. This involves reviewing police reports, depositions and witness testimony, as well as reliving the most painful moments of your loved one’s wrongful death.
Burden of proof
Perhaps you have seen a television show about the criminal justice system. What you will have noticed is that a prosecutor is required to prove that the accused has committed the crime ‘beyond reasonable doubt.’ However and critically, in a civil lawsuit for a wrongful death in California and many other states, this burden is not necessary. Find out what applies to you in your state here
To prove that there was a it is necessary to show that the basic elements of a wrongful death occurred.
You must be able to prove the following:
- The company or person had a duty of care for the people they hurt
- The company or person failed to fulfill this duty in some way
- This failure caused an accident that resulted in the untimely and unneeded death of your loved one.
- This death caused you to suffer economic and emotional hardships.
What does a “duty of care” mean in legal terms?
You might be curious about what companies or individuals have a duty to care for others. This may seem complicated, but here are some examples of duties and how they might be breached.
- Drivers are required to maintain a reasonable safety standard. Distracted, drunken, or aggressive driving can result in the death of someone. Causing an accident when driving unsafely would be considered a breach of care
- A company is responsible for ensuring that their products are safe and suitable for their intended uses. They also have to warn customers about potential dangers. Negligence would result if these standards are not met.
- Medical professionals are expected to provide care equal to that of other similarly-trained professionals. It is considered a breach in duty of care if this is not done.
Sometimes it can be more obvious than others if a duty of care was breached. If the accident was not the fault of the victim it is very likely that a duty of care was broken as a general rule, however specific circumstances may vary. Additionally the victim can be at fault for a percentage of the accident and still sue for damages. This percentage varies by state. To find out more about your state’s negligence laws click here.
Additionally the time after an accident that you can file a case varies between 1 and 6 years by state. To understand what applies to you learn about your state’s statue of limitations.
Approximate a potential monetary settlement for your wrongful death claim using our Estimated Damages Calculator
Summarized from an article by Banafshe Law Firm.
