What is a Wrongful Death Claim?
A wrongful death lawsuit is a legal action filed by survivors of a deceased person who lost their life due to negligence or intentional harm by another person or entity. In order for the suit to be successful, the surviving family members must prove that the defendant’s negligence or malicious behavior caused the fatal injury that led to their loved one’s passing.
How to Determine If You Have a Viable Wrongful Death Case
It is possible to determine whether you have a wrongful death case by considering the elements of legal negligence and causation. In order to prove that an individual or entity was negligent, there must be evidence that they acted in a way that disregarded the safety of a person who has since died as a result of their actions. Additionally, it must be established that the defendant’s negligence caused or contributed to the deceased’s death.
If these factors are present in your case, then you may have grounds for filing a wrongful death lawsuit against the responsible party. It can also help strengthen your case if you can provide evidence that the defendant demonstrated reckless behavior or was under the influence at the time of the incident.
It’s important to note that you may also want to include a personal injury claim in your wrongful death suit. This would be relevant in cases where the deceased experienced pain and suffering before they died. If this is the case, then you may be eligible for compensation to cover medical bills and other expenses related to the deceased’s pain and suffering.
Ultimately, if you believe that another individual or entity has acted negligently, recklessly, or under the influence of drugs or alcohol and caused someone else’s death as a result, then it might be beneficial to speak with an attorney about filing a wrongful death lawsuit.
Understanding the Elements of a Wrongful Death Claim
- Negligence: The plaintiff must prove that the defendant had a duty to act with care and breached that duty, which led to the death of the deceased.
- Causation: The plaintiff must show that the defendant’s negligence caused or contributed to the deceased’s death.
- Damages: The plaintiff must provide evidence of damages suffered by the surviving family members as a result of their loved one’s wrongful death. Damages may include medical expenses, funeral costs, pain and suffering, and loss of companionship/support from a spouse or parent, among others.
- Statutory Elements: Depending on state law, there may be additional elements required for a successful wrongful death claim.
It is important to understand that each case is different, so speak with an experienced attorney about your specific situation. A lawyer can help you determine if you have a wrongful death case and advise on the best course of action for seeking justice and compensation.
Avoiding Common Pitfalls
- Not Gathering Evidence: In order to prove negligence and causation, it is important to gather evidence such as police or medical reports, witness testimonies, and photographs or videos of the incident.
- Delaying Legal Action: Wrongful death cases typically have a statute of limitations, so make sure to contact an attorney as soon as possible if you believe that someone else’s negligence caused your loved one’s death.
- Not Understanding Statutory Requirements: Depending on state law, there may be additional elements required for a successful wrongful death claim. Make sure to speak with an experienced attorney who can advise on the specific requirements in your area.
- Filing Without An Attorney: Wrongful death cases can be complex, so it is important to seek legal advice from an experienced attorney who can help navigate the process.
- Not Seeking An Appropriate Amount of Compensation: In order to get the compensation you deserve, you will need an experienced lawyer who can properly assess damages and negotiate with the responsible party or insurance company.
It is important to remember that no amount of money can replace the life of your loved one, but a successful wrongful death lawsuit can help provide closure and justice for you and your family.
How Razavi Law Group Can Help You
A wrongful death lawsuit can be an emotionally and financially draining experience, but it is important to remember that justice and closure are possible through the right legal action. Razavi Law Group has highly qualified lawyers and the resources necessary to help you navigate this difficult time. We understand your rights as bereaved family members and will do everything we can to ensure that you receive the compensation you deserve for the loss of your loved one.
If you’re looking for a California wrongful death attorney, you can rest easy knowing that your case is in good hands with Razavi Law Group on your side. Learn the role of a wrongful death attorney. Contact us today for more information about filing a wrongful death claim in California.