Elements of a Successful Wrongful Death Claim in California

If you recently lost a family member or a loved one because of another’s careless actions, California law may allow you the opportunity to recover financial losses caused by the wrongful death. While filing a wrongful death lawsuit may do little to ease your emotional burden, the claim can help you ease financial stressors associated with the sudden death of your loved one.

Filing a wrongful death claim can be difficult and there are several elements that must be in place in order to be successful in the claim. The State of California requires that the claimant demonstrate sufficient evidence to meet the burden of proof.

Demonstrating Negligence in Wrongful Death Claims in California

If the death of your loved one was caused by another’s negligence, you will need to satisfy all legal factors required to demonstrate negligence. These factors include the following:

• The responsible party owed a duty of care to the deceased;
• The accused party breached the duty of care;
• The breach was a significant factor in causing the injuries that lead to the victim’s passing; and
• The sudden death resulted in the losses of the claimant.

Depending on the specifics of each case, the standard of care can vary. The following are common examples of how a breach in duty can be caused:

• Drivers have a duty to drive in a manner that is reasonably safe based on road or weather conditions. A breach of this duty could happen through many ways, which may include driving under the influence, distracted driving, violating traffic laws, aggressive driving, and other careless actions.
• Companies have a duty to sell or distribute products that are safe for their intended use. They also have a duty to warn consumers about the potential risks associated with the use of the product. When a company distributes or sells a product that is defective or poses unreasonable hazardous risks without a proper warning may constitute a breach of duty.
• Medical care professionals are expected to provide the same standard of care a similarly trained professional would provide his or her patients under the same circumstances. When a medical professional’s actions fall below what is expected in the standard of care or if a negligent mistake has been made, the duty of care has been breached.
• Property owners owe a reasonable standard of care to those who enter their property. Property owners and caretakers need to maintain a property that is reasonably free from hazardous conditions. When a property manager has known or should have known about a potential hazard and failed to remedy the conditions, this property manager has breached his or her duty of care.

Consult a California Wrongful Death Attorney

Once a breach of duty has been established, the claimant will need to present sufficient evidence that the breach was a significant factor in causing the deceased’s injuries that lead to his or her demise. Wrongful death lawsuits in California are complex and will often require the support of a qualified personal injury attorney. If you have lost a loved one because of the carelessness of another, seek the legal support of a professional attorney as soon as possible.

The skilled San Bernardino personal injury attorneys at SANFORD A. KASSEL, A Professional Law Corporation have many years of experience assisting victims of negligence obtain the financial compensation they deserve. Wrongful death lawsuits in California are time sensitive; obtain legal support as soon as possible.

Related Content:

San Bernardino Personal Injury Lawyers
San Bernardino Wrongful Death Lawyers

About the Author:

Sanford Kassel