What does it take to win justice via a wrongful death claim?

On Behalf of | Apr 6, 2024 | Wrongful Death |

When you lose someone you love to another’s carelessness, seeking financial compensation might seem unimportant. But once your initial grief subsides, a desire for accountability – and freedom from financial burdens that rightfully belong on another’s shoulders – may arise.

Taking legal action is often crucial for achieving justice. A wrongful death claim can potentially allow you to hold a negligent party responsible for their actions.

The pillars of a successful wrongful death claim

California wrongful death law requires proving four elements to establish another’s recklessness caused your loved one’s death. These elements may appear simple, but evidence is vital to support your claim:

  • Loss of life. A person must have died due to another’s actions.
  • Wrongful cause. The death resulted from negligence or deliberate harm.
  • Financial loss. Surviving family members suffer financially because of the death.
  • Authorized representative. A representative for the deceased’s estate has been appointed to file the claim.

The first and fourth elements are typically straightforward. However, the heart of your case may hinge on proving the second and third elements. Here, you must demonstrate that the negligence of someone else caused the death, resulting in measurable financial hardship for your family.

Building a persuasive case

Wrongful death scenarios can vary, but negligent motor vehicle accidents (DUI, distracted driving, etc.) are a leading cause in California. Solid evidence like the following can strengthen your position.

  • Police report
  • Accident scene photos
  • Surveillance camera footage
  • Witness statements
  • Detailed medical records and bills
  • Event Data Recorder information (Black box)

Another way to safeguard your and your loved one’s rights during a wrongful death claim is to obtain legal guidance. A representative can fortify your quest for justice, helping to ensure that your family is compensated fairly for such a monumental loss.