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The overwhelming grief of losing a loved one should not be amplified by a worsened financial situation due to your loss. If your loved one died because of someone’s negligent behavior, you can often seek justice and receive compensation (depending on the at-fault parties).
Determining negligence in a Los Angeles wrongful death claim is critical to recovering financial damages on behalf of the deceased. Our experienced wrongful death attorney can help you navigate the nuances of the legal system to help you receive the compensation you deserve.
Proving negligence in a wrongful death case in LA often depends on the specific facts behind the fatal incident. Some common situations of negligence include:
Our compassionate legal team can help you assemble the facts behind your loved one’s passing and identify the liable parties who need to be held accountable for his or her death. In some cases, more than one party can be responsible. This can warrant several claims simultaneously.
To prove negligence in a Los Angeles wrongful death case, your legal team must substantiate four elements.
The first step to prove negligence is establishing that the at-fault party owed a duty of care to the deceased. This means they had a legal obligation to act reasonably and avoid causing harm. For example, a driver must obey traffic laws to protect others on the road, and a doctor must follow professional standards when treating patients.
Your legal team must then show that the at-fault party breached this duty of care. A breach occurs when someone fails to act as a reasonable person would under similar circumstances. For example, if a surgeon leaves equipment inside a surgical site, they will likely have breached their duty because professional surgeons are expected to avoid such errors.
Your legal team may have to hire an expert witness to prove this breach of duty. In the above example, for instance, an expert witness (e.g., another surgeon) may need to explain the applicable professional standards.
Proving causation means showing a direct link between the breach of duty and your loved one’s death. You and our legal team must prove that the wrongful actions of the at-fault party contributed to the fatal outcome. For example, demonstrating that a surgeon’s negligence caused the fatality of your loved one, not another source.
The final element is proving that your loved one’s death resulted in measurable damages for you and your family (or whoever is filing the wrongful death suit). These can include both economic losses and non-economic losses, such as medical expenses, loss of companionship, and funeral costs. Your legal team must present relevant evidence of damages, such as doctors’ reports and/or medical bills.
The process of determining negligence in Los Angeles wrongful death claims can be time-consuming and complicated. Without legal assistance through this complex legal process, an at-fault party may evade accountability and deny you and your family due compensation.
Our experienced attorney at Boren Law can help evaluate your case, identify liable parties, and file relevant lawsuits. We can handle the legal complexities of your matter while you focus on your family and your healing. Our services are contingency, meaning there is no fee unless we win at trial or secure a settlement. Call us to schedule a free consultation today.