How Hard Is It to Prove Wrongful Death?

While some wrongful death cases are straightforward, others are not that clear-cut. Surviving family members and their attorneys must investigate the accident, gather and assess evidence, and prove that the at-fault party’s negligence caused or contributed to their loved one’s death.

In order to win a wrongful death lawsuit in California and recover financial compensation, you must prove the following four elements:

1. Duty of care – In order to prove negligence, you (the plaintiff) must prove that the at-fault party (defendant) owed your deceased loved one (decedent) a “duty of care,” which is a person’s obligation to keep others safe. For example, drivers have a duty of care to obey traffic laws and operate their vehicles in a safe manner, while property owners have a duty to ensure the premises is safe for visitors.
2. Breach of duty – Next, you must prove that the defendant breached that duty of care by acting negligently or recklessly. For instance, a motorist violates a traffic law or drives the vehicle without any regard of any person’s safety, while a property owner may ignore repairing a hazardous condition on the property.
3. Causation – You must then demonstrate how the defendant’s breach of duty was the direct cause of your family members’ passing. This is generally the most difficult element to prove. A jury will determine whether the defendant was negligent based on “a preponderance of the evidence,” which means that the defendant’s actions “more likely than not” caused your loved one’s death.
4. Damages – Lastly, you must show that you show that you and other family members have experienced losses due to the untimely passing of your loved one. Common damages of a wrongful death claim include funeral and burial expenses, medical expenses related to the accident before your loved one’s death, lost income and financial support from the decedent, pain and suffering, loss of consortium, as well as loss of companionship or emotional support.

One of the most effective ways to succeed in a wrongful death claim is to hire an experienced personal injury attorney to protect your family’s rights and best interests. At The Soliman Firm, we have recovered millions of dollars on behalf of our clients who have filed wrongful death claims.

If you have lost a loved one due to the negligence of someone else in Orange County, contact us today at 714-491-4111 for a free initial consultation. Get experienced and personalized legal representation today!