Was the recent and unexpected death of your loved one caused by someone else’s negligence? If so, then you may have the option to seek compensation through a wrongful death claim when you partner with an experienced wrongful death attorney in San Diego. You can even take your case to court and demand that the negligent party be held legally responsible for their actions. However, you will need to gather evidence that supports your claim if you expect to recover any compensation, which is not as simple as you think.
In California, if you plan on pursuing a wrongful death claim, you must produce several key pieces of evidence. Here is what they include:
Proving of Negligence or Fault
In many cases, the wrongful death of a loved one was the result of someone else’s reckless actions. However, to prove negligence, you must meet certain legal criteria, which includes:
- The negligent party had a duty of care that they owe people
- The negligent party breached their duty of care
- This specific breach is what caused the victim’s death
- The death represents a major loss to you and other claimants
There are many examples of negligence that result in wrongful deaths, but listed below are the ones that are most common:
- A driver on public roads who was reckless and blatantly violated traffic laws
- A manufacturer that knowingly distributes defective/harmful products
Related post: 3 Steps to Take When Filing a Wrongful Death Lawsuit
Proving Intentional Harm
In other words, you have the task of demonstrating that the negligent party acted maliciously. You have several pieces of evidence that you must produce, proving that the act was deliberately harmful, and they include:
- The person had the intent to commit that act
- They didn’t have the consent to be in contact with the victim ahead of time
- The harmful act was fatal
Related post: 7 Qualities to Look For When Hiring a Wrongful Death Attorney
Proving Damages
You also have to prove that the wrongful death of a loved one caused significant emotional and financial distress to your family. Some of the more common damages that stem directly from a wrongful death case include:
- Funeral and burial costs
- Loss of future household income
- Loss of financial dependence
- Loss of household services and luxuries
- Loss of companionship, comfort, and emotional support
When presenting your case, the defendant will go through the damages that you present to them and analyze their validity. For example, determining the amount of money that someone would have earned over the course of their career will require careful consideration of several different factors including inflation, job skills, and education. Make sure the evidence you present clearly demonstrates that these damages are severe and have far-reaching effects.
Related post: When Can a Wrongful Death Lawsuit be Pursued in California?
Wrongful Death Attorneys in California Whom You Can Trust
The experts here at HHJ Trial Attorneys handle a wide range of wrongful death cases throughout San Diego, providing Californians with reliable legal services. You need to act immediately if your loved one lost their life due to someone else’s negligence. We understand that you are going through a lot of pain and suffering, which is why we want to help you recover the compensation that you deserve.
Contact us today and one of our experienced attorneys can begin reviewing your case right away. We will sift through and analyze the details of your situation, which will allow us to obtain the maximum settlement amount possible. Ultimately, we want to help ease your suffering while ensuring that you and your family can recover emotionally and financially from the tragic death of a loved one.
Testimonial from Kristoffer, Satisfied Client
Michael Hernandez and the entire team at HHJ Trial Attorneys were an absolute beacon of light in very difficult and trying time. The professionalism, compassion, responsiveness, and communication are second to none. They clearly care about their clients and getting them the maximum settlement, they deserve. Michael kept in close contact with me, and was very understanding of my situation, and delivered amazing results. I highly recommend HHJ to anyone looking for an honest, and dedicated team of attorneys who genuinely care about those they represent. Thank you, Michael, and everyone at HHJ!
