Common causes for wrongful death
A wrongful death claim is brought against a person(s) who has caused someone’s death through negligence or intentional conduct. Wrongful death lawsuits are filed on the behalf of the victim’s family and seek to recover damages. In criminal cases, the prosecution has to prove beyond a reasonable doubt that the defendant was guilty of the crime for which he or she was charged. A wrongful death lawsuit is tried in civil court and must be proven by a “preponderance” of evidence which is easier to demonstrate.
The goal of a wrongful death lawsuit is to compensate the families of the victim — a surviving spouse, children, or parents of the victim. There are some common causes for wrongful death claims such as :
- Auto accidents
- Truck accidents
- Medical Malpractice
- Product Liability
- Work related injuries
- Criminal acts
- Bicycle accidents
In California, the following people may bring a wrongful death claim:
- Surviving spouse, children, or domestic partner
- Parent of the deceased when there is no surviving spouse or child
- Personal representative of the estate
Taking action
No matter the cause of wrongful death, in order to be able to find the defendant liable in a claim, the plaintiff must prove that the defendant owed the victim a duty of “due care”, that the defendant breached this duty, that the breach of duty actually caused the death of the victim, and that the deceased actually suffered damages.
If someone you love has been killed due to negligence or intentional conduct on the part of another, you may be entitled to file a wrongful death lawsuit. There is a timeline that must be adhered to in personal injury cases. In the state of California, you must file your claim in court within two years from the date of the deceased’s death. Getting legal help from an experienced personal injury attorney is critical to the success of your case.
Los Angeles personal injury attorney, Greg Yates, is an experienced wrongful death attorney with over 30 years of experience when in comes to litigating these types of cases. He will guide you through each step of the claim process, provide sound professional advice, and fight aggressively in order to win your case.
Find out if you have a case
No amount of money can ever really compensate you for the loss of your loved one. However, wrongful death cases are important to families who need the monetary compensation to pay for medical bills, funeral expenses, and loss of income from the deceased.
In addition to monetary compensation, these types of claims are important to survivors because they’re designed to hold individuals, companies, or employers accountable for their negligent or intentional actions, and can provide a much needed sense of closure for loved ones of the deceased.
If you’ve suffered the loss of a loved one due to wrongful death and are considering hiring an attorney to represent you, contact the law offices of Greg Yates, wrongful death attorney, to schedule your free consultation.