Wrongful Death Lawsuits in California: What You Need to Know

Wrongful death is defined as the loss of a person either through violence or negligence by a person or entity. Acts such as careless driving and assault can lead to the wrongful death of an individual. 

Indeed, each state has its own statutes and interpretations of wrongful death, so it’s important for bereaved families to learn about these before they can be compensated for the loss of a loved one.

California, for instance, lays down well-defined legal descriptions of wrongful death. If a loved one or someone else you know has allegedly died wrongfully, you will need to learn about how state laws are applied.

1. Establish proof

The first thing you need to do to launch a strong claim against a person or entity is to present evidence. You are required to present hard evidence that indeed the person or entity at fault had caused  wrongful death — whether deliberately or as a result of negligence.

When it comes to negligence, you should be able to establish that the person or entity has an obligation to protect the victim. In this sense, the loss to life was caused by the other party’s failure to abide by this duty. For example, the construction company that employed the victim had a duty to care for and protect its employees. If the victim fell and died as a result of poor risk mitigation, a wrongful death claim would be in order. 

2. Calculate for damages

Aside from establishing proof, the victim’s family should put into account the financial burden caused by the wrongful death. In calculating for damages, the family should take into account future financial losses if the victim was employed and the costs for the hospitalization and burial of the victim. 

Damages are not only limited to financial terms, but they also entail emotional loss. If the victim is married, a wrongful death claim would involve compensation for the trauma and loss of companionship experienced by the spouse and children. 

However, calculating such claims can be tedious if not exhaustive as you need to rummage documents proving the victim’s income. You may also need to provide documents that support potential losses in healthcare and social security benefits. This will take some time if you are to do it on your own, but you can have an economist help you make a more accurate estimate for a wrongful death claim.

3. Get the right legal expertise

As you establish proof of negligence or intent to cause wrongful death and calculated for damages, you need to work with an attorney that specializes in such litigation. Your attorney will give advice and structure strong arguments in your favor.

For this, you need to find California lawyers who are up to the task, such as Albertson and Davidson which has offices in Silicon Valley and San Francisco. Visit their website to discuss how you are going to pursue a wrongful death action.

Your loved one deserves justice, and it’s important to make sure his or her loss is properly compensated.

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Santiago

Santiago writes about the fascinating, unexpected side of life for Unfinished Man. He explores intriguing subcultures, people, and trends that reveal the weirdness hiding below the surface. Santiago provides an insider’s perspective shaped by his own experiences pushing boundaries and embracing the unconventional. His curiosity and passion for storytelling give readers a glimpse into unfamiliar worlds.

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