Law

Filing a wrongful death claim – Is it too hard to prove one?

Are you someone who has to prove that your near and dear one was a wrongful death victim? If yes, you have to show that the defendant owed a duty of care to your family member which he breached and as a result, the relative died. In order to obtain compensation, you need to show that you are the one suffering from the death of a family member. 

If the defendant has to be found guilty in a wrongful death lawsuit, the plaintiff has to meet a similar type of burden of proof that is needed if the victim was alive. As defined by the law, there are four different elements that constitute a wrongful death case. Keep reading to know more. 

How can you seek justice in a wrongful death case?

It can be a traumatic experience to lose your loved one due to the negligence or breach of duty of care of another person. If you wish to obtain the compensation that you deserve, here are the four things you need to prove with the help of a Los Angeles wrongful death lawyer

NEGLIGENCE

In wrongful death cases, it has to be proved that the plaintiffs’ relative’s death was either partially or wholly caused due to the recklessness, carelessness, or negligent actions of the defendant party. 

BREACH OF DUTY

Are you looking forward to achieving success in a wrongful death case? If yes, the plaintiff should prove that the defendant owed some kind of duty to the victim. For instance, motorists bear the duty to drive safely and obey all sorts of traffic laws. On the other hand, the plaintiff should be able to establish the way in which the defendant’s duty existed and how it was breached.

CAUSATION

Moreover, in order to prove that the duty of the defendant was not fulfilled, the plaintiff in the lawsuit will also be needed to prove the way in which negligence was caused and how it caused the death of the loved one. 

DAMAGES

In order to prove the wrongful death case, the death of the victim will need to generate quantifiable damages that may include:

  • Medical costs
  • Hospitalizations
  • Burial costs
  • Loss of income
  • Funeral costs
  • Loss of protection, inheritance, and guidance
  • Loss of earnings
  • Suffering and pain before their death

Once you’re able to prove all the above-listed points through a wrongful death lawsuit, you can heighten your chances of winning the compensation that you deserve. 

Related Articles

Leave a Reply

Back to top button