If you have lost a loved one due to another party’s negligence, you may be able to recover damages through a wrongful death lawsuit, which ensures that the responsible party is held accountable. If you are considering filing such a lawsuit but are unsure of the chances of winning, call our experienced team at CaseyGerry for a free consultation. We’ll be happy to assess the strengths and weaknesses of your case and answer your questions. Our compassionate San Diego personal injury attorneys have been through this experience with other clients, and they will handle your case with the respect and care you and your family deserve.
Who May File a Wrongful Death Claim?
Under California law, the following may be plaintiffs in a wrongful death suit:
- Spouse or domestic partner
- Decedent’s children
- If the decedent did not have a spouse or children, a parent or a sibling may bring suit.
- Other parties who were financially dependent, such as a step-child
Consult an attorney knowledgeable in California wrongful death law to determine your eligibility for filing a claim.
The Four Keys to a Successful Claim
If you are eligible to sue for wrongful death, the success of your claim depends on proving negligence. The following four elements are necessary:
- Negligence: You must prove that the at-fault party negligently or intentionally inflected harm upon the decedent.
- Breach of duty: The negligent party must have owed the decedent a duty of care and breached that duty. For example, a motorist owes a duty of care to other drivers they share the road with. Drunk or distracted driving is a breach of that duty. Property owners owe visitors a duty of care and breach that duty when they fail to fix or warn of hazardous conditions, e.g., dangerous pesticides.
- Causation: There must be a causal link between the negligent party’s actions and the death of your loved one.
- Damages: You must have suffered losses as a result of the death. Damage awards are intended to make you whole for those losses and are the basis for compensation. In California, damages in death claims include final medical bills, lost earnings, loss of love and companionship, loss of household services, and expenses related to burial and funeral services.
The stronger these elements, the better your ability to be reasonably and fairly compensated in a wrongful death suit.
Meeting the Burden of Proof
California wrongful death cases require the plaintiff to prove their claim by a preponderance of the evidence, which is a lower standard than is applied in a criminal case, which is beyond reasonable doubt. In simpler terms, a preponderance of evidence means that fault is more likely than not. Still, it is best to have strong, concrete facts to support your claim. An experienced attorney can compile persuasive evidence and present your case in the most compelling manner possible.
Schedule a Free Consultation with CaseyGerry
For more than 75 years, our wrongful death lawyers in San Diego at CaseyGerry have been successfully representing families who lost loved ones in preventable and tragic incidents all over the country. The defendants in these cases range from individuals to multinational corporations. Schedule a free consultation with a skilled and dedicated member of our team. Since we work on a contingency basis, you will not pay attorney’s fees unless we win.
