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Wrongful death four elements

Elements of a wrongful death case.
When a loved one dies due to the intentional wrongdoing or negligence of another, you have the right to pursue compensation for your devastating loss. However, your case must meet the four elements of wrongful death in order for you to be entitled to wrongful death damages.

Proving Wrongful Death

When a loved one dies in an accident, you are not automatically entitled to compensation. Four elements must be proven for a wrongful death claim to be successful.

A wrongful death lawyer can gather evidence and consult with experts to build a strong case against the negligent party for the untimely loss of a loved one. A wrongful death attorney will also assess the damages incurred by the decedent’s loved ones, due to the death.

To have a valid wrongful death claim, the following elements must be present:

     1. The Defendant Owed the Deceased Party a Duty Of Care

Duty of care refers to the obligation a person or entity owes to ensure the safety of others. The nature of the duty of care will depend on the circumstances.

For example, a driver has the duty of care to follow all traffic laws.

Other examples of duty of care include:A property owner has a duty of care to keep their property in safe condition for lawful visitors

  • A business has the responsibility to hire qualified employees and provide training and supervision
  • A medical professional must provide treatment that meets the standard of care in the medical field
  • The manufacturer of a product is responsible for designing and manufacturing a product according to the industry standard, warning consumers of potential dangers, and marketing the product correctly based on its intended purposes.

A wrongful death lawyer can examine the facts of a case to determine whether the defendant’s actions were negligent.

     2. The Defendant’s Negligent Actions Constitute a Breach Of Duty

Once it has been established that the defendant owed a duty of care to the decedent, a wrongful death lawyer must show that the party breached the duty they owed. The nature of the breach depends on the specific circumstances that resulted in the individual’s death.

     3. The Individual’s Death Was Caused By the Defendant’s Negligent Actions or Inaction

The third element is presenting evidence that the actions or inaction of the defendant directly caused the individual’s death. To determine causation and identify the liable party, an in-depth investigation may be necessary.

     4. The Deceased Party’s Loved Ones Suffered Damages as a Result Of Wrongful Death

An eligible party, such as the spouse or children of the decedent can pursue compensation for the following losses:

  • Funeral and burial expenses
  • Medical bills incurred before the death of a loved one
  • Pain and suffering
  • Loss of income and other economic support
  • Loss of household support and services
  • Loss of society, comfort, and companionship

And more.

An attorney will carefully assess a wrongful death claim to determine which damages the deceased party’s family may be entitled to.

Working with a Wrongful Death Lawyer

Building a strong claim for wrongful death requires an attorney that has extensive experience in personal injury law and cases involving fatal accidents. An immediate investigation and evidence gathering is crucial for a successful claim. A wrongful death lawyer should also have an in-depth understanding of California’s laws and statutes governing wrongful death cases.

Additionally, a wrongful death lawyer should be able to provide their client with aggressive representation and experienced legal counsel. A wrongful death claim typically involves substantial damages. Multiple rounds of settlement negotiations may be necessary to obtain the compensation the decedent’s family deserves for the untimely loss of a loved one.

Contact Us Today

If you lost a loved one due to the negligence of another, contact an experienced, knowledgeable wrongful death lawyer at Lem Garcia Law to schedule a free consultation. Our compassionate and dedicated legal team can help guide and advise you during this difficult time and provide the legal support you need after suffering a devastating loss.

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