How Do I Prove Wrongful Death In California?

Proving wrongful death in California

If you are wondering how do I prove wrongful death in California, read on. A wrongful death claim seeks financial compensation for the surviving family members of a loved one that was killed as the result of the negligence or fault of another person or entity. According to San Francisco Wrongful Death Attorney Dawn Hassell of the Personal Injury Law Firm The Hassell Law Group, wrongful death claims can arise from accidents such as car accidents, truck accidents, motorcycle accidents, construction accidents, pedestrian accidents, and slip and fall accidents. A California wrongful death claim has many elements, as outlined below.

What is a wrongful death claim?

Oxford dictionary offers this definition of a wrongful death: “denoting a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted.” It is important for the reader to note that a wrongful death claim is a civil action against the negligent party or parties that seeks financial damages, unlike a criminal action which seeks a prison sentence for the alleged perpetrator of a criminal act.

What is the burden of proof for a California wrongful death claim?

In a wrongful death claim, the Plaintiff (usually the decedent’s surviving family members), must meet a certain burden of proof in order to be successful in a wrongful death claim. In California, the Plaintiff must prove the key element of recklessness or negligence by the Defendant, as determined by a preponderance of the evidence. What this means is that the evidence must show that it is more likely than not that the Defendant(s) caused or contributed to the wrongful death by some form of recklessness or negligence.

In California, there are 4 necessary elements to prove liability in a wrongful death case

• Duty: The defendant or defendants must have owed the decedent a legal duty of care. This is a responsibility to act in a way that a prudent and rational person would in the same or similar circumstances. For example, all drivers in California have a legal duty to operate their vehicles in a way that will not cause harm or injury to others.
• Breach: A breach of the duty of care can refer to any act or omission that a reasonable party likely would not have committed. It can refer to any careless or reckless acts by the defendant, as well as a blatant disregard for the safety of others and/or even an intent to harm.
• Causation: Causation simply means that the defendant’s breach of the duty of care caused or substantially contributed to the injury in question. In a wrongful death case, the fatal injury would not have happened if not for the defendant’s breach of their duty of care. For example, a driver who runs a red light has breached a duty of care.
• Damages: Damages are the financial losses suffered by the plaintiff because of the defendant’s wrongful or reckless act or negligence.

In a California wrongful death case, damages can be based on the following:

• Compensation for expenses related to medical bills for the care of the deceased right before his or her death
• Compensation for expenses related to the decedent’s funeral, burial, or cremation
• Compensation for money the deceased would have earned in their lifetime had he or she remained alive
• Compensation for the loss of financial support for surviving family members
• Compensation for the loss of emotional support, companionship, and affection for surviving family members

Hiring an experienced California Wrongful Death Attorney

Wrongful death claims are complicated legal matters which involve many complex legal issues. Hiring an experienced wrongful death attorney will help ensure that you receive skilled legal representation and provide you with the best opportunity for the success of your wrongful death claim.

We offer a free consultation to family members who have lost a loved one in a Wrongful Death Accident

Please contact our office at (415) 334-4111, or fill out this quick contact form to schedule a free consultation and learn how we can help you.