What Needs to Be Proven in a Wrongful Death Case?
A wrongful death case is one of the most difficult types of personal injury cases. Not only is it a more complex type of claim that requires proof of negligence on the part of another person that led to the death, but it is also highly emotional for the deceased person’s loved ones. Wrongful death claims are based on a statute that is present in Los Angeles and the rest of the United States. This statute allows the loved ones, or heirs, to pursue a civil lawsuit against a person or entity responsible for their loved one’s death as a result of their negligence. It’s important to know how to go about proving negligence so that you can be successful in a wrongful death claim.
What is Wrongful Death?
A wrongful death occurs when a person is killed as a result of someone else’s negligence or intentional act. The survivors of the decedent who are the person’s legal heirs are entitled to file a lawsuit for a number of damages in wrongful death settlements. Those damages include financial support they have lost along with their loved one, pain and suffering of the decedent before their death, funeral and burial expenses and more depending on the circumstances.
Negligence in a Wrongful Death Case
Generally speaking, the damages you can recover in a wrongful death case are different from those in other cases involving negligence. However, at the same time, the plaintiff in a wrongful death case is still required to prove the same elements. The elements in any negligence case, including one involving wrongful death, include the following:
• Duty • Breach of duty • Causation • Damages
How to Prove Duty in a Wrongful Death Case
A defendant in a wrongful death case can be held liable for negligence that led to the death of the individual if they owed that person what is known as a duty of due care. In general, there may be variations of the term “due care,” which depend on the specific circumstances surrounding the case. Regardless, however, “due care” means that the defendant was expected to act or do something in a manner that would keep others safe or avoid doing something that could cause harm to other people.
Perhaps the best example of duty in a wrongful death case is if the defendant was driving drunk and struck the individual’s car at a high rate of speed, which ultimately killed the person. The defendant should not have been drunk while driving, which means they did not ensure the safety of the decedent or anyone else around them. They had a duty of due care to drive sober as any other reasonable person would do.
In wrongful death cases, the judge determines whether the defendant owed a duty of due care. There is no jury involved in this type of case and a variety of factors are considered.
How to Prove Breach of Duty
When a defendant is determined to have a duty of due care, Los Angeles wrongful death attorneys would also have to show that the person breached that duty. In the case of a drunk driving accident that kills the decedent, the best personal injury lawyer Los Angeles would argue that the defendant was intoxicated and therefore not able to drive safely which directly led to the death of the individual.
How to Prove Causation
The next thing our wrongful death lawyers Los Angeles would have to prove is that the defendant’s breach of duty directly led to the death. In the case of a drunk driving accident that resulted in the person’s death, the plaintiff would have to prove that the defendant’s vehicle was the one that struck the decedent’s and that it was not another vehicle driving by another person. However, if there was more than one vehicle that hit the decedent’s car, it might be difficult to prove who directly contributed to the death. The specifics of the case must be carefully considered to ensure causation.
How to Prove Damages
After proving the other elements, our Los Angeles wrongful death attorneys would have to prove that the deceased person suffered damages. Wrongful death cases are unique from other cases involving negligence as it is implied that there were damages if there was a breach of duty and causation on the part of the defendant.
If you have lost a loved one due to someone else’s negligence, you should speak with the best wrongful death lawyers Los Angeles has to offer. When you speak with our personal injury lawyer Los Angeles, you can get vital advice on how to proceed and get an idea of average wrongful death settlements as well.