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To succeed in a wrongful death lawsuit, it is essential to establish that the defendant was negligent. This involves demonstrating that the defendant had a duty of care to the deceased and that they breached this duty, directly causing the death.
According to the California Department of Public Health, approximately 30,000 deaths annually in California are attributed to unintentional injuries, encompassing wrongful death cases. Furthermore, the National Safety Council estimates that wrongful death claims make up a significant portion of personal injury lawsuits nationwide, reflecting the critical need for legal representation in these tragic situations.
A wrongful death claim arises when a person's death is caused by the negligence or misconduct of another party. Common examples include fatal car accidents, medical malpractice incidents, and workplace accidents.
In California, families have two years from the date of death to file a wrongful death lawsuit. In Nevada and Arizona, this period can vary, so it's essential to consult with an attorney promptly.
Damages in wrongful death lawsuits may include medical expenses, funeral costs, lost wages of the deceased, and compensation for emotional distress experienced by surviving family members.
To establish liability, you must demonstrate that the defendant had a duty of care, breached that duty, and that the breach directly caused the death of your loved one. This may involve gathering evidence and witness testimonies.
While it’s possible to file a claim without an attorney, having experienced legal representation can significantly strengthen your case, improve your chances of a favorable settlement, and ensure that your rights are protected throughout the process.
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