The California Legislature has outlined civil action laws that allow family members to pursue wrongful death claims against the person, party, or company that negligently or wrongfully caused the death of their loved one.
This includes deaths resulting from a negligent person or company’s involvement in:
Wrongful Death Applies When Negligence Is a Factor in An Accident
The use of the word accident is defined as an unfortunate incident that happens unintentionally and unexpectedly – typically resulting in injury or damage. When negligence is a factor in that accident, the accident – that certainly happened unexpectedly – is the result of someone’s wrongdoing.
Examples of negligence can include accidents caused by individuals engaging in:
- Operating a vehicle under the influence of drugs or alcohol
- Distracted driving
- Reckless driving
- Medical malpractice
- Premises liability
Proof Is Paramount to Successfully Winning Wrongful Death Cases in California
If you have lost a loved one in an accident due to the wrongful or negligent actions – or inactions – of an individual, party, or company, it must be proven in civil court.
Successful wrongful death cases will cover each of the following elements:
To prove negligence against the defendant, the person who caused the accident, it must be confirmed that s/he owed the deceased person a duty of due care. The actual duty will differ in each case, but essentially this means the person had a duty to exhibit actions that kept the other person safe or kept them from harm. Example: A speeding driver runs a red light and hits another vehicle, killing its driver. The negligent driver had a duty to operate his or her car lawfully and safely.
- Breach of Duty
When duty has been established, the next step is to deliver evidence that the defendant breached that duty. Example: The driver is witnessed running the red light at a high rate of speed and hitting the other vehicle.
The next step is to prove that the cause of death was the direct result of the breach of duty. Example: The negligent driver’s actions directly, as a breach of their duty to drive lawfully and safely, caused the death of the other driver.
When causation is proven, the damages will be defined by the total loss of the loved one using a specific formula approved by the law. That number will differ for everyone and can include funeral and burial expenses, lost financial support and benefits, and loss of companionship.
Lost a Loved One in An Accident? Call Eldessouky Law Today for a Free Consultation
Suffering from the sudden loss of a loved one is deeply painful, and although you may not be ready to review the details of their death right away, time is of the essence in wrongful death cases in California. A single phone call to our wrongful death attorney in Long Beach at (714) 831-5342 will allow our law firm to begin investigating your claim while you take the time you need to grieve. Call us now to learn about your legal options in holding the negligent party responsible for your loved one’s death. You deserve justice, and at Eldessouky Law we deliver results.