How Do You Prove Wrongful Death?

Losing someone you love is almost always a devastating experience. If the loved one died due to the negligent or intentional actions of another, you might be able to initiate a claim for wrongful death. Wrongful death can occur due to several different circumstances, ranging from distracted drivers to negligent doctors who commit medical malpractice.

If you are grieving, you likely don’t want to cope with the strain of filing and proving a wrongful death on your own. A Tustin wrongful death attorney can help you initiate a lawsuit and can guide you through all the appropriate steps necessary for the proceedings. It’s important to note what a wrongful death could be and how to prove it if you have hopes of a successful outcome in gaining compensation for the loss of your loved one.

What Constitutes A Wrongful Death?

In California, wrongful death is a lawsuit that someone can file against another person who they are suspecting to be the cause of their loved ones’ death because of that person’s negligent or intentional actions. Below are a few of the common situations and events often associated with a wrongful death lawsuit in California:

• Driving under the influence accidents
• Traffic accidents, including trucking, motorcycle, and car accidents
• Boating accidents
• Dog bite and dog attacks
• Nursing home negligence and abuse
• Defective product accidents
• Construction site accidents
• Intentional violence

How To Prove A Wrongful Death Occurred Due To Intentional Harm

There are a few cases where wrongful death occurs because of intentional violence. However, in many instances, violent deaths will likely result in a criminal case for either manslaughter or homicide. If this happens, the case will no longer be a wrongful death claim and will need to be handled differently. Take note though that, an attorney can help you by using a criminal case to improve your chances of recovery for wrongful death. In order to prove an intentional act, you will need to prove the following:

• Non-consensual contact resulted in fatal harm.
• The person had the intent to commit the act that led to wrongful death.
• A person made non-consensual contact with the deceased, such as hitting them with a vehicle or using a weapon that resulted in their death.

How To Prove A Wrongful Death Occurred Due To Negligence

The majority of wrongful death cases arise due to the negligent actions of another party. Unlike criminal cases, a wrongful death claim seeks to gain monetary compensation in the form of damages. Criminal cases result in the guilty party serving jail time. That’s why wrongful death claims need only prove liability instead of proving the accused’s guilt beyond a reasonable doubt. When initiating a wrongful death claim, you will need to prove the specific legal elements of negligence:

• The party you are accusing had a particular duty of care that they owed to the deceased.
• The deceased’s death caused losses to you and any other claimants.
• The guilty party breached their duty of care in some manner.
• The breach of this duty of care led to the accident and injuries that the deceased sustained, which caused their death.

Speak To An Injury Lawyer Today For Guidance On How To Proceed With A Wrongful Death Claim

You shouldn’t have to deal with the death of a loved one alone. A California attorney can help you by relieving some of the legal pressure you are facing. With the assistance of an attorney, you can gain the compensation you justly deserve for the wrongful death of your loved one. Don’t be afraid to speak to an attorney as they know the ins and outs of these case types and can conduct all relevant proceedings quickly and efficiently.