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Surviving family members experience profound grief when a cherished family member dies. In some circumstances, the accident that caused the decedent’s death may be due to another party’s negligent behavior or intentionally harmful acts. Depending on the specifics of the case and subject to eligibility, surviving family members may be able to file a claim to hold the liable party accountable for the harm they have caused. Our attorneys have years of experience representing clients in wrongful death cases throughout California. Call (888) 488-1391 to schedule a free initial consultation during which we can discuss the facts of your case.
If one of your family members died, you and other surviving relatives may be able to pursue financial compensation if you establish that the decedent’s death was wrongful. An experienced attorney can help you demonstrate the facts of your case. Determining legal responsibility, navigating the system, and dealing with these legal problems while grieving the loss of your family member can be challenging.
Our wrongful death attorneys at Arash Law have the knowledge, understanding, and ability to collect documentary evidence for your wrongful death case. Retaining an experienced wrongful death attorney will enable you to focus on healing while they handle the legal aspects of your case.
What To Do To Pursue A Wrongful Death Case?
Although you and other surviving family members may believe the accident that caused the decedent’s death was caused by another party’s negligence, it’s crucial to establish liability. Three important elements are necessary for any wrongful death lawsuit.
The Duty Of Care & The Breach Of The Duty Of Care
Drivers are expected to operate their motor vehicles in a reasonable and responsible manner. When a driver fails to adhere to this legal responsibility, they breach their duty of care to pedestrians, cyclists, and all other road users. It’s essential to establish that the other driver who caused the decedent’s death was negligent or intentionally reckless in adhering to their duty of care.
One example of a breach of the duty of care is when an operator of a motor vehicle is speeding or driving recklessly, resulting in an accident or incident that causes harm to others and property.
The following actions are viewed by the law as breaches of the duty of care:
- Failing to follow traffic laws and signs.
- Failing to watch for posted traffic signals.
- Driving at an excessive rate of speed.
- Speeding during dangerous conditions, such as a blizzard.
- Weaving in and out of traffic.
- Texting while driving.
Individuals who operate motor vehicles and engage in these types of actions are not fulfilling their duty of care to maintain the safety and well-being of other people on the road.
Experienced wrongful death attorneys can use witness statements and statements from vehicle passengers to show that the driver breached their duty of care. Also, video from mobile phones and traffic cameras can be used to help establish that the driver breached their duty of care.
Causation
To determine liability in a wrongful death case, it’s important to show that the defendant’s actions directly caused your family member’s death. Every case is unique, and some may present more challenges than others. An experienced wrongful death attorney can help you understand how to establish causation and pursue accountability against the responsible driver.
Contact our law firm to schedule a free initial consultation. The attorneys handling wrongful death cases at our injury law firm have experience assisting clients in these cases. Contact us at (888) 488-1391 to learn more about the legal services we offer.
Evidence In Wrongful Death Cases
Evidence is essential to any case, but it is especially important in wrongful death cases. To establish that the defendant has a duty of care, breach of that duty of care, and causation, it’s crucial to demonstrate how the accident happened and what specifically makes the defendant liable, as well as the damages that were caused by the breach of the duty of care.
The following are the common forms of evidence used in wrongful death cases:
- Physical Evidence — This type of evidence may include blood alcohol content reports, property damage, and photographs of the accident scene.
- Testimony — Any eyewitness may be called to testify. Surviving family members may also be called as witnesses. Both parties will likely call on witnesses to testify.
- Medical Reports & Police Reports – Medical reports help demonstrate what caused the death of the decedent. Police reports can help a trier of fact determine the cause of a motor vehicle collision.
- Miscellaneous Records — Delivery logs, receipts, and order forms may be relevant in accidents involving commercial vehicles, such as truck drivers and Uber drivers.
Evidence may not be available if a significant amount of time passes between the date of the incident and the time when the wrongful death claim is filed. It is important that you consult with an experienced wrongful death attorney after the decedent’s death to understand your rights and explore your legal options.
Examples Of Wrongful Death Claims
The following are some of the common wrongful death claims:
- Neglected Children
- Products Liability
- Criminal Conduct
- Medical Malpractice
- Motor Vehicle Collisions
Decedent’s Cause Of Death
If a wrongful death attorney establishes that the defendant has a duty of care and the defendant breached the duty, then the wrongful death attorney must establish that the breach caused the decedent to suffer harm. For example, a driver may have a blood alcohol level beyond the legal limit and then drive and cause an accident in which another person dies. The driver failed to take reasonable precautions to help keep other drivers safe.
If a driver strikes another individual’s car while drunk driving and the other person dies, that action causes the decedent’s death. It is against the law to drive with a blood alcohol content that is higher than the legal limit. Drunk driving accident victim lawyers who are experienced in wrongful deaths can subpoena records and use alcohol and drug tests to show that those actions caused the death. These pieces of evidence can be crucial to your case, and a professional may be necessary to interpret the test results properly.
Wrongful death attorneys may use traffic collision reports and witness statements, law enforcement personnel, and legal and medical professionals to help establish that the actions of one individual caused the decedent’s death. Wrongful death attorneys also gather and analyze physical evidence that can be used to demonstrate that the driver caused the decedent’s death.
Contact Arash Law today to schedule a free initial consultation during which we can discuss the facts of your case. The accident lawyers at Arash Law, who also handle wrongful death cases, have decades of experience representing clients in wrongful death cases.
Understanding State Laws
State statutes vary by state, and wrongful death statutes are not uniform across all states. The party who may file a wrongful death claim varies from state to state. A decedent’s surviving spouse and children may sue for financial compensation in some states. Also, in some states, parents may sue for damages concerning the death of a minor child.
Other states may permit non-married partners and other family members, such as cousins, uncles, aunts, and grandparents, to sue for wrongful death. Some states allow individuals who were financially dependent on the decedent to file a wrongful death claim. Also, in some states, individuals who would have been entitled to an inheritance from the decedent can file wrongful death claims.
In a small number of states, family members cannot file wrongful death claims. An executor or personal representative must file the wrongful death claim on behalf of the decedent’s estate. It is important that you speak with a knowledgeable wrongful death attorney who can help you determine the exact steps you can take to file a wrongful death claim.
The statute of limitations is also relevant to all wrongful death claims. Every state has a statute of limitations for wrongful death lawsuits that limits the amount of time family members and survivors have to file a wrongful death suit. A more specific statute of limitations may apply in wrongful death cases involving medical malpractice.
Contact Arash Law To Schedule A Consultation
We have handled numerous cases for our clients throughout California, with years of experience representing them in personal injury cases and wrongful death lawsuits. If you lost a loved one in a crash, our car accident lawyers at Arash Law assist you in pursuing a wrongful death claim for your losses. You can reach out to our attorneys for assistance in navigating the legal process. Contact us at (888) 488-1391 or complete our “Do I Have A Case?” form here to learn more about the legal services we offer.
