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Proving Negligence in a Wrongful Death Claim

Owen Smith
Proving Negligence in a Wrongful Death Claim

You may be eligible to file a wrongful death claim if the death of your loved one was due to the legal fault of another person. Wrongful death claims can be filed by the decedent’s surviving spouse, children, partner, grandchildren, parents, legal guardians, or dependents to recover financial losses from the at-fault party.

However, it can be challenging to prove the direct cause of death was due to the other party’s negligence. The best wrongful death lawyer California may be able to build a compelling and strong case so you can recover the compensation you are entitled to.

Common Causes of Wrongful Death in California: These are a few actions that can result in wrongful death:

  • Assault and battery
  • Drowning
  • Elderly or child abuse and neglect
  • Slip and fall accidents
  • Manslaughter
  •  Murder
  •  Medical malpractice
  • Car accidents

Ways to Prove Negligence: The plaintiff will need to prove the following elements for damages to be awarded:

  • That the defendant owed a duty of care towards the plaintiff. This duty of care can depend on individual circumstances. For instance, every driver that gets behind the wheel assumes the duty to drive safely and keep others on the road safe.

  • That the said duty of care was breached. Actions that are negligent in nature and don’t conform to the duty of care may result in a breach of duty of care. For instance, a driver driving under the influence or violating traffic laws is breaching the duty of care.

  • That the wrongful death occurred because of this breach of duty. Establishing causation can be difficult, which may necessitate working with the best wrongful death lawyer California. The plaintiff would need to prove that the defendant’s negligence resulted in the death of their loved one.

  • That emotional, financial, and physical losses occurred because of the wrongful death. Loss of future income, loss of financial support, funeral and burial expenses, loss of support and companionship, and loss of household services are a few common damages that can be included in wrongful death claims.

You would need to prove that all these elements exist for obtaining compensation through a wrongful death lawsuit. A major reason to retain the services of the best wrongful death lawyer California is that the burden of proof rests with the plaintiff.

Talk to a California Wrongful Death Attorney Today: The attorneys at Walch Law Firm know that wrongful death lawsuits can be both legally and emotionally complex. We help our clients understand their rights and options. Give us a call at 1-844-999-5342 or use our online form if you believe you have a wrongful death claim. 

Owen Smith
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