JLF FIRM ARTICLES AND NEWS

How Hard Is It To Prove Wrongful Death?

The loss of loved ones is universally undesired, but universally inevitable. Unfortunately, some of these losses are far too premature and far too preventable. In the case of wrongful death incidents, they are almost always entirely preventable. If you lost a loved one as a result of someone else’s carelessness, negligence, or intentional act, you might have important legal rights under California law.

The persons or entities responsible must be held accountable. A wrong turn, move, or action that cost a life shouldn’t be forgotten. If you lost a loved one to entirely preventable circumstances, often the negligent conduct of someone else, then you may be entitled to compensation in a wrongful death case and should contact a San Bernardino wrongful death attorney. But how do you find one, and how do you even go about proving such a case? Read on to find out.

Proving Fault In A Wrongful Death Case

In most states, you must prove four things in a wrongful death case:

  • Duty
  • Breach of Duty
  • Causation
  • Damages

What is duty? Duty refers to an owed, unwritten obligation of “due care.” Basically, it refers to the precautions that a person is expected to take to prevent harm in certain situations. If they failed to uphold such a duty and acted carelessly, they are considered to have breached that duty.

Proving causation of your injuries by that breach of duty is the next step. For instance, if the decedent was killed in a car accident, it must be proved that the defendant’s conduct led to the accident, which directly led to their death. Once that’s established, then you can get into the intricacies of proving damages suffered. That includes lost wages, medical expenses, funeral and burial expenses, and physical or emotional pain wrought from the wrongful death incident.

Loved ones of the decedent are encouraged to save any pertinent medical records, bills, receipts, or any other records that would document evidence of the damages. This will help build and reinforce the case that the decedent unjustly lost their life and bring you one step closer to the compensation and closure that you deserve.

Once all these things have been established, the party responsible should compensate close family members for the losses they incurred and proved. It’s crucial that you work with an experienced wrongful death attorney with an impeccable track record of compiling evidence, fighting on the side of justice, and winning cases.

Most wrongful death cases start with an insurance claim, and the insurance company will likely want a wealth of evidence of liability and losses. Even then, the insurer might not offer even close to what you deserve. The last thing your family needs to be dealing with is back-and-forth communications and frustrating demands by the company. Let a lawyer handle this process while you focus on your emotional healing.

Some cases must go to court, where all evidence presented must comply with the California Evidence Code. It is essential to have the right wrongful death attorney in California representing you.