Wrongful Death Lawyer in Pasadena, CA

What Do You Have to Prove in a California Wrongful Death Case?

When bringing a wrongful death claim, it is not enough to merely claim that a person’s negligence caused the death of your loved one. You must prove it by a preponderance of the evidence.

Preponderance of the evidence essentially means that it is more likely than not that the claim is valid, and that the death would not have occurred but for the defendant’s actions or inaction. This is a lower burden of proof than the “beyond a reasonable doubt” standard for criminal cases.

There are four primary elements of a wrongful death case that you must establish in order to be successful in your suit for damages:

1. The defendant owed the deceased a duty of care.

   The defendant – the person against whom the wrongful death action has been brought – must have owed the deceased person a standard of care. For example, a driver has a duty to all other drivers on the road to operate their vehicle safely. A doctor has a duty to treat their patient within the medical standard of care, etc. Proving duty can become slightly more complex in cases of negligent security, trespassing, and situations where the proper course of action or a defendant’s responsibilities are unclear.

2. The defendant breached the duty of care as a result of a wrongful or negligent act.

   The second element that a plaintiff in a wrongful death action must prove is that the defendant breached the duty of care owed the decedent. For example, if a driver owes a duty to all others on the road to operate their vehicle safely and responsibly, they may breach that duty when they disobey traffic laws, text while behind the wheel, or drink and drive, for example. Establishing this element of a wrongful death suit satisfies the burden of the plaintiff to prove a “wrongful act or neglect” of the defendant.

3. The breach of the duty of care was the direct cause of death.

   A party cannot simply prove that a defendant acted wrongfully and negligently. They must prove that the decedent’s death would not have occurred but for the defendant’s actions.

4. Damages have been suffered as a result.

   Finally, the plaintiff must prove that damages have been suffered as a result of the accident that led to the deceased person’s death. Obviously, death in itself is a significant type of damages. In addition to death, though, a plaintiff may also need to establish the financial strain that has been placed on surviving family members as a result of the death, the value of survivors’ grief and suffering, and more.

Compensation in a Wrongful Death Claim

Filing a wrongful death claim is something that families pursue as a way to seek money damages for the losses that they have experienced as a result of a loved one’s death. This type of case will not result in any criminal penalties for the defendant, and of course, no amount of money can raise a person from the grave.

In addition to compensation, though, many plaintiffs in a wrongful death claim experience a sense of justice and closure when the claim concludes.

Our lawyer is prepared to aggressively advocate for your right to full compensation. This starts with helping you to understand the types of damages that may be available in a wrongful death suit, such as:

• Medical expenses prior to death.

  Sometimes, a severe accident does not result in instant death for the victim. Instead, they are transported to a hospital in critical condition. When this is the case, the estate may incur high medical expenses related to the accident. The estate of the deceased person could be compensated in full for these expenses.

• Funeral and burial expenses.

  Funerals can be expensive, and a family may incur numerous expenses related to the burial or other services and rituals related to death. These damages, too, could be paid to the estate.

• Loss of income and potential income.

  Many people who die unexpectedly in accidents are income earners. They use their income to provide for both themselves and their family members. When a person dies, their estate and their beneficiaries, including a spouse and children, often suffer significant financial loss and economic anxiety about the future. The estate and beneficiaries of the estate may seek compensation for the full value of the deceased’s loss of income, loss of potential income, and loss of benefits (such as retirement benefits, healthcare benefits, etc.) that would have been earned but for death.

• The value of lost services.

  In addition to or instead of earning an income, many people contribute to the lives of their loved ones by performing numerous household services, such as homeschooling children, shopping and cooking, driving the kids to activities, performing yard and house maintenance, and more. While this is a type of noneconomic damage that can be harder to calculate, the value of lost services is something for which plaintiffs deserve compensation.

• The value of support, guidance, and love.

  Finally, family members who lose a loved one not only lose a parent, spouse, or child, but they also lose that person’s guidance, support, companionship, parental support, and love. For this, surviving family members could be compensated.