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Evidence: Wrongful Death Claims

May 23, 2023 | Wrongful Death

Grieving after the loss of your loved one is difficult. If the death was caused by a negligent party, you are entitled to compensation. Compensation includes financial losses recoverable to the victim’s family. To file a wrongful death claim would entail procedures and legal proof to solidify your claim. An attorney would be beneficial for the hire to give you space to grieve all while concluding a successful case with sufficient evidence.

Generally, to establish specific legal requirements for wrongful death, you must have facts. For instance, you must be able to demonstrate with evidence that the wrongdoing or negligence of another person brought about the death. This refers to having sufficient proof to satisfy the appropriate standard of proof.

Proving a Wrongful Death Case in California with Evidence

Correspondingly, the negligence law in California applies to wrongful death lawsuits resulting from accidents. Remember that the plaintiff must show that the defendant owed the decedent a duty and that the breach was both legally and directly responsible for the decedent’s death. The following forms of evidence are useful in demonstrating wrongful death:

  • Eyewitness testimony of the accident
  • Testimony of the deceased person’s friends, family members, or coworkers
  • An accident reconstructionist’s expert testimony demonstrating that the incident caused the decedent’s death
  • Medical professionals’ expert testimony
  • A record of the decedent’s funeral fees and other expenses related to their passing

Evidence-Related Complexities in Wrongful Death Cases

Cases involving wrongful death are usually more complicated than personal injury cases. For example, a wrongful death claim in California may be made on behalf of the deceased’s:

  • Spouse,
  • Partner,
  • Child(ren).

If the victim’s immediate family members are unable to file a wrongful death claim, the following people may:

  • Mother/Father,
  • Siblings, or
  • Brothers and sisters who may have relied on him or her for assistance.

Furthermore, you must be able to demonstrate all of the required legal components of negligence if your family member’s wrongful death was brought on by failure. Overall, these duties include:

  • the responsible person owed the victim a duty of care;
  • that he violated that obligation in some way;
  • that the violation led to the accident that resulted in the death;
  • and that the wrongful death caused losses to you.

However, depending on the precise sort of accident, a duty of care will change. Some wrongful death instances result from purposeful violence rather than negligence. The legal requirements to demonstrate intentional conduct in these situations include that the individual who meant to perform the act made contact with the victim and that contact resulted in fatal outcomes.

Reasons to Hire California Wrongful Death Attorney

In any case, it can be in your best interest to refer to an attorney in the event that you’re dealing with a wrongful death in your family. It can be challenging to deal with a loved one’s passing. Hiring an attorney to represent your interest will stop you from making an emotional decision that could derail your case. Furthermore, an attorney can oversee your case with constrained input from you. This implies that you simply can center on getting your life back on track whereas still being able to require lawful activity.

Contact KAASS LAW For a Consultation Now!

To succeed, you must be aware of the proof required to bring a wrongful death lawsuit in Los Angeles. Unfortunately, depending on the particulars of your case, the specific evidence will change. The proof you require centers on carelessness or malicious misdeeds. Your case will be stronger if you can uncover that supporting proof. Call KAASS LAW at 310-933-5171 to learn more about the evidence you will need to gather to support your claim in open court. You can contact a staff member to learn more about the courtroom procedure and how we can assist your legal efforts. You can visit our website for potential motorcycle cases you may have here.