How to Prove a Wrongful Death in Los AngelesUpdated on Monday 20th March 2017
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The untimely loss of a loved one in an accident will leave the family looking for answers. When a third party is to blame for the death one, a filing a wrongful death claim may help the spouse and family find solace in knowing that justice was made.
Plaintiffs who are willing to prove a wrongful death in Los Angeles will need to show that the defendant was negligent and that he breached his duty of care, thus directly causing the death.
Medical malpractice cases and work accidents are common wrongful death scenarios. When showing that the death of a loved one was a wrongful death, the plaintiff will need to show that their case meets the elements of such a claim.
One of our Los Angeles personal injury attorneys can help you deal with the legal hurdles that may arise during a wrongful death trial.
The elements of a wrongful death claim
In order for a wrongful death claim to stand the plaintiff will need to prove that the death occurred as a direct result of the defendant’s actions. When proving negligence, causation is essential: the negligent or willful misconduct of the defendant must have directly caused the accident. His or her actions must be linked to the cause of death. For example, a physician cannot be accused of wrongful death if his patient died of cancer but he may be held liable for the cause of death was the fact that he administered the wrong kind or dose of medication.
Another element that needs to be proved in a wrongful death case is the loss: the losses suffered by the plaintiff must be traced back directly to the loss of a loved one. These losses refer to material support but also the loss of consortium. A Los Angles personal injury attorney can help you calculate the damages.
Wrongful death lawsuits in California
Wrongful death cases can be settled through trial or outside of court. The compensations the family is entitled to include both an amount of money that will cover the property damage and a significant amount that will cover the financial support and emotional support the deceased individual was providing for his family or spouse.
Wrongful death losses are more complex that usual personal injury accidents because of their emotional component and the need to quantify the loss of companionship, love, and support.
An experienced Los Angeles personal injury attorney can help you prove a wrongful death case and bring forward the evidence needed to show that the defendant is to blame for the untimely death of a loved one.
Wrongful death cases in California need to be filed within the two-year time limit. You can contact us for more details on how to file a wrongful death lawsuit.