If someone you love has recently passed away as a result of another’s actions, you will likely want to demand justice for the death of your loved one. Losing a loved one in a tragic accident is a terrible experience, and under California law, it may be possible to hold the responsible party accountable through civil claims court.
Through the California Code of Civil Procedure §377.60, certain surviving family members of the victim can seek financial compensation for their losses caused by the wrongful death. Filing a wrongful death claim is not an easy process, and it will require the claim to follow strict procedures. To have a successful claim, the burden of proof that the defendant caused the victim’s death must be met.
Burden of Proof in a Wrongful Death Claim
In order to demonstrate that the victim’s death was wrongful, it is necessary to have the facts that meet the required burden of proof. In the State of California, this means that you will need to prove that your loved one’s death occurred as a result of the defendant’s negligence or wrongful act. To meet the burden of proof, you will need to have sufficient evidence that will support your assertions. Since this is not a criminal case, you will not need to prove the wrongful death beyond a reasonable doubt. Instead, you will only be tasked with proving that the death was caused by the wrongful actions by at least 51 percent. This burden of proof is legally referred to as a preponderance of the evidence.
Proving Negligence
If the passing of your loved one was caused as a result of the negligence of another, you will need to satisfy all legal elements of negligence to have a successful case. To establish negligence, the following elements are required:
- The defendant owed the descent a duty of care;
- The defendant breached said duty of care;
- The breach led to the incident and it caused the injuries suffered by the descent, which ultimately led to his or her death; and
- The passing of the victim resulted in your losses.
The duty of care will depend on the type of case and the circumstances surrounding the case. For instance, drivers in California are expected to drive in a reasonably safe manner. A breach of duty in this case would be a driver choosing to drive while intoxicated, or choosing to drive at excessive speeds.
Once the breach of duty has been established, it will be necessary to present evidence that demonstrates that said breach directly caused or otherwise played a significant factor in the passing of your loved one.
Wrongful Death Claims are Complex Cases. Speak to a Proficient Attorney Today
Proving the elements of a wrongful death claim can be a challenging undertaking. Nonetheless, proving these elements is necessary to have a successful wrongful death claim. Following the death of your loved one, obtain proficient legal counsel.
With more than 30 years of dedicated experience, the attorneys at SANFORD A. KASSEL, A Professional Law Corporation are skilled in the field of wrongful death claims. When a loved one has lost his or her life as a consequence of another’s careless actions, there may be an opportunity to recover compensation. The attorneys at SANFORD A. KASSEL, A Professional Law Corporation have helped many families obtain justice for the untimely death of their loved one. Consider contacting the experienced wrongful death firm today.
