The death of a loved one is never easy for the families of the victim, and the pain can be excruciating when the death is caused by the negligence of another person. You can file a wrongful death claim to seek compensation from the guilty party for the financial and psychological pain caused due to the untimely demise of a loved one.
Over the years, Avrek Law firm has helped families of numerous deceased person obtain compensation for the loss sustained due to the negligence of another.
Wrongful Death Cases: An Overview
A wrongful death case comes under the broad spectrum of a personal injury lawsuit. The case is filed by representatives of a victim who has been killed by the negligence or intentional action of another.
Here are the common causes of wrongful death that are recognized by the courts in California.
1. Medical Malpractice
Healthcare providers have a legal duty to provide care as per the accepted standards. Any oversight or negligence of the medical staff in caring for a patient can result in a medical malpractice claim.
2. Auto Accidents
Auto accidents are one of the leading causes of wrongful death claims. The driver of a car or truck who kills another person due to reckless driving must compensate the families of the victim for the loss.
3. Defective Products
A wrongful death claim can also arise due to defective products. A manufacturer may be liable for death caused due to unsafe products sold to consumers. Generally, wrongful death cases arise due to toxic food products, faulty vehicles, dangerous toys, and harmful medications.
4. Workplace Accidents
Workplace accidents are also a leading cause of wrongful death cases. Employers are required to provide a safe working environment for the workers. A death caused due to failure to maintain a safe working environment can result in a wrongful death case.
5. Dog Bites
Dog bites and mauling can result in serious injuries and death. Over the past 13 years, dog bites have resulted in 433 deaths in the US. The victims of the deceased person can sue the dog owner for failure to exercise due care that resulted in the death of a person.
How to Prove a Wrongful Death Case in Court?
A wrongful death case is generally filed by the relatives on behalf of a deceased victim. In most cases, the plaintiff is the victim’s spouse, parents, children, or other close relatives who have suffered due to the demise of the victim.
In order to prove a wrongful death case, the plaintiff has to prove that the deceased person had died due to the negligence of the defendant. This is known as ‘burden of proof’ in legal terminology.
The plaintiff has to show that the defendant has the duty to care and that the breach of duty resulted in the death of the victim.
Proving guilt in the court regarding a wrongful death case is not as easy as it seems. You need to get the help of an experienced wrongful death attorney to improve the chances of a successful court outcome.
