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Proof of Negligence in a California Wrongful Death Lawsuit

Posted by Dan Kann | Apr 20, 2022 | 0 Comments

The death of a person resulting from the legal negligence of another individual or entity is termed as wrongful death. Wrongful death cases typically arise out of accidents caused by negligent driving of a vehicle, medical malpractice, or criminal harm caused by intentional acts.

Wrongful death compensation claims can be filed by the deceased's children, surviving spouse or partner, grandchildren, parents, legal guardians, estranged spouses, or legal dependents. This allows the deceased's near and dear ones to seek and recover their financial losses from the negligent or at-fault party.

Proving the direct role of the other party's negligence in a wrongful death case can be quite challenging. It is important for you to hire a California wrongful death attorney who can help you build a suitably compelling case so you can recover your full and fair share of the financial damages that you are legally entitled to.

Causes of Wrongful Death

Here are some typical grossly negligent or willful acts that can lead to wrongful death:

· Medical malpractice

· Slip and fall accidents 

· Car accidents

· Abuse or neglect

· Assault and battery

· Drowning

· Manslaughter or murder

The surviving family members can bring a California wrongful death claim to recover monetary compensation due to any of the above-mentioned causes. The financial damages are meant to compensate for their pain, suffering, and trauma at the loss of love, companionship, or financial support provided by the deceased.

Proof of Negligence

Proving the presence of an element of negligence, although complicated, is an essential component of a wrongful death claim. Negligence basically implies that the at-fault party failed to use reasonable and expected care, causing wrongful death.

For a wrongful death case to be heard in court, the plaintiff needs to demonstrate four specific elements to prove the defendant's negligence. These elements are:

1. Duty of Care

The plaintiff needs to establish that the defendant had a legal duty of care towards the deceased. For example, the duty of a doctor to provide care to their patients or the duty of a motorist to pay attention while driving.

2. Breach of Duty

The plaintiff must prove that the defendant breached their legal duty of care by acting or behaving in a certain manner, or by failing to act in an expected manner.

3. Causation

The plaintiff needs to prove that the action or inaction of the defendant was the cause of wrongful death.

4. Damages

The plaintiff must establish the damages, in this case, the wrongful death of a loved one, to be able to claim compensation from the defendant.

Our California Wrongful Death Attorneys are Here to Help

Proving negligence in a wrongful death case, when you are already trying to cope with the loss of your loved one, is not easy. Therefore, having competent and capable legal representation during such a trying time becomes absolutely critical in presenting a solid case based on compelling evidence.

The attorneys here at the Kann California Law Group understand the legal as well as emotional complexities involved in a wrongful death case. We are here to guide you regarding your rights and legal options, and help you recover the right amount of compensation for your losses.

If you believe you have a wrongful death case on your hands, contact us today to schedule a free and confidential consultation. Fill out our online contact form or call us at 888-744-7730.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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