Proving Wrongful Death in a Civil Case

If your loved one has perished due to an accident, the next of kin is going to have mountains of paperwork to deal with. Assets, estate, and family dynamics are often up in the air following an unexpected death. In all the hubbub, the surviving family members may not realize that they have a potential California wrongful death claim on their hands.

Surviving family members can receive compensation through a wrongful death claim if their loved one died due to an accident that was preventable and the fault of another party. These  claims are filed by wrongful death lawsuit lawyers, and our attorneys most often see them filed following:

• Medical malpractice incidents
• Traffic collisions
• Accidental poisoning and drug overdoses
• Drownings 
• Workplace accidents
• Dog attacks 
• Intentional criminal acts

Wrongful death claims are filed against a negligent party whose lack of reasonable care caused the death of another person. In most wrongful death cases, the defendant was negligent, either by prescribing the wrong dose of a medication, driving drunk, or failing to properly restrain their aggressive dog, as a few examples. 

Wrongful death attorneys in LA handle these claims in civil court, meaning that financial compensation is usually the outcome. It should be noted that intentional acts, such as murder, can be included as wrongful death claims and held separately from the criminal trial. The two trials are separate and one outcome will not affect the other.

Proving a Wrongful Death Claim

Like with any lawsuit, accident injury lawyers in Los Angeles must prove several statements in order to win the wrongful death lawsuit before damages are awarded to the grieving family. They must show that the defendant was negligent and that their negligence caused the deceased’s death. 

In the California court of law, someone is negligent when they do not take the reasonable level of care that the average person would take to watch out for others’ safety.

If it weren’t for the defendant’s actions, or lack thereof, the person would still be alive.  

Typically, the lawyers for a wrongful death case will have to prove their claim in a three-tier argument:

• Duty of Care: The plaintiff’s wrongful death lawyer in Los Angeles must convince the court that the defendant owed a duty of care to the deceased person. The duty of care for a medical malpractice case is obvious, as the doctor is supposed to care for their patients to extend their lives, not end them. In a car crash case, the other driver is expected to follow basic traffic laws and to drive carefully. 
• Breach of Duty of Care: Beyond proving a duty of care, the lawyer must show that the defendant breached their duty. A doctor should prescribe a safe dosage of a medication and inform the patient of potential negative side effects. In the car crash example, hitting a pedestrian crossing at a crosswalk and killing them is negligent if the driver was scrolling through Twitter instead of looking through the windshield.
• Causation: A good wrongful death lawyer in LA will not only show that the defendant breached their duty of care, but they will also show that they directly caused the wrongful death. In the medical malpractice example, the incorrect dosage of a blood thinner may have given the deceased gastrointestinal bleeding, which then killed them. In the car crash example, the pedestrian who was hit may have been hit so hard their neck snapped.

Proving a wrongful death claim requires lots of research and having a network of expert witnesses that can help prove causation. Not every attorney is skilled enough to win the maximum settlement for a wrongful death claim, but our attorneys have decades of experience getting justice for those who have been wronged.

About Our Law Firm

The Law Offices of Nigel Burns is a lawyer for family issues with a focus on civil cases. We work around the clock to handle the legal process and minimize any stress that our clients may be experiencing. Through our expertise in civil litigation, we can help bring you compensation and peace of mind. Our attorneys can help litigate: 

• Divorce
• Child custody disputes
• Property division
• Will creation 
• Protective orders