How Do You Prove Wrongful Death?

How Do You Prove Wrongful DeathLoved ones experience profound grief when a cherished family member dies. In some circumstances, the accident that caused the decedent’s death may have arisen due to another party’s negligent behavior or intentionally harmful acts, and the surviving family members want the responsible party to be held liable. Our reputable and talented attorneys have decades of experience representing clients in wrongful death cases. We have recovered over $500 million for our clients throughout California. Call (888) 488-1391 to schedule a free consultation during which we can discuss the facts of your case.

If one of your family members died, you and other surviving relatives would only obtain financial compensation if you prove the decedent’s death was wrongful. An experienced attorney can help you establish the facts of your case. It can be difficult to establish legal responsibility, and the legal system is complex. It may be overwhelming to deal with these legal problems while grieving the loss of your family member.

Arash Khorsandi’s team of wrongful death attorneys at Arash Law has the knowledge, understanding, and ability to collect documentary evidence for your wrongful death case. Retaining an experienced wrongful death attorney will enable you to heal from your grief while a legal professional handles your case.

What Must You Do to Prove 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, among legal professionals, it can be difficult to establish liability. Three important elements are necessary for any wrongful death lawsuit.

The Duty of Care and The Breach of the Duty of Care

Drivers are supposed to operate their motor vehicles in a reasonable manner. When a driver fails to adhere to this duty of care, they breach their duty of care to pedestrians, cyclists, and anyone using the road. You have to prove that the other driver that caused the decedent’s death was negligent in adhering to their duty of care 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 event that causes harm to other people 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 perform these types of actions are not upholding their duty of care to maintain the safety and wellbeing of other people on the road.

Experienced wrongful death attorneys can use witness statements and statements from vehicle passengers to prove the driver breached their duty of care. Also, video from mobile phones and traffic cameras can be used to prove that the driver breached their duty of care.

Causation

To establish liability and prove your wrongful death case, you must prove that the defendant’s actions caused your family member’s demise. Individual cases are all different, and some cases may be more or less difficult. An experienced wrongful death attorney can help you understand how to prove causation and establish the liability of the responsible driver.

Contact our law firm today to schedule a free consultation during which we can discuss the facts of your case. The wrongful death attorneys at our award-winning injury law firm have decades of experience representing clients in wrongful death cases. We have recovered over $500 million for our clients throughout California. Contact us today 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 prove the defendant had a duty of care, breach of that duty of care, and causation, you will need to demonstrate how the accident happened and what specifically makes the defendant liable. You will also need to demonstrate that damages were caused by the breach of the duty of care.

The following are the most 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 expert witnesses to testify. 
  • Medical reports and police reports – Medical reports demonstrate what caused the death of the decedent. Police reports can help a trier of fact determine what caused 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 long 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 as soon as you can after the decedent’s death.

Examples of Wrongful Death Claims

The following are some of the most common wrongful death claims:

  • Neglected children
  • Products liability
  • Criminal conduct
  • Medical malpractice
  • Motor vehicle collisions
Decedent’s Cause of Death

How Do You Prove Wrongful DeathIf a wrongful death attorney proves that the defendant had 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 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. DUI victim lawyers that are experienced in wrongful deaths can subpoena records and use alcohol and drug tests to prove those actions caused the death. These pieces of evidence are important to your case, and you may need specialized knowledge to interpret the test results properly.

Wrongful death attorneys use traffic collision reports and witness statements, law enforcement personnel, and legal and medical experts to 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 prove that the driver caused the decedent’s death.

Contact Arash Law today to schedule a free consultation during which we can discuss the facts of your case. The wrongful death attorneys at Arash Law have decades of experience representing clients in wrongful death cases. We have collected over $500 million for our clients throughout California. Contact Arash Law today at (888) 488-1391 to learn more about the legal services we offer.

Understanding State Statutes

State statutes vary by state, and wrongful death statutes are not uniform across all states. The party who may file the wrongful death claim is often different 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 need to 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 Today to Schedule a Free Consultation

The wrongful death attorneys at Arash Law can help you obtain the financial compensation you deserve. We have collected over $500 million for our clients throughout California and have decades of experience representing clients in personal injury cases and wrongful death lawsuits. Although you and your family are going through a difficult time, you can rest assured that your legal rights are being protected when you hire Arash Law. Contact us today at (888) 488-1391 to learn more about the legal services we offer.

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DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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