In case you suffer the loss of a loved one, you would definitely want to get justice by walking into the court and claiming the rightful compensations. The California law allows the surviving family members to claim the financial losses incurred in wrongful death. However, it is not as easy as you say to prove that you deserve the compensations. There are a defined set of rules and procedures to be followed for you to eventually get the deserved compensation. Below is a discussion of the essential elements that have to be fulfilled before you can make a successful wrongful death lawsuit claim in California.
Satisfactory Proof Of Negligence
In case the loss of your loved one was driven by negligence, you should fulfill all the legal requirements to prove the negligence. The elements of the same include the following:
- The liable party owed a particular duty of care to the victims;
- The party broke the duty of care in some way;
- The death caused loss to you and other fellow claimants;
- The breach became the reason behind the accidents and the eventual death.
Proving Intentional Harm
Certain wrongful deaths do not arise from negligence but from intended harm. The elements that prove this include the following
- The person had an intention to commit to the act;
- The person had made a non-consensual connection with the victim;
- This contact resulted in death.
In several cases, violent deaths become homicide, manslaughter, or criminal cases, which are dealt separately apart from wrongful death. In any case, it is advisable to seek the advice of experienced wrongful death lawyers. This will ensure that you do not make errors while proceeding legally against the wrongdoers.
Once you have proved the wrong act or negligence of the other person, the following step is to prove that the damages were sustained due to the action. Remember that California courts uphold that damages for emotional distress cannot be recovered under the wrongful death action. In most cases, the affected person may claim losses for emotional distress against the accused party.
The relatives of the deceased deserve justice for the loss of their dear ones. However, they have to prove that the accused are responsible for the death. This is done by proving their negligence, their negative intentions and finally by proving the damages that resulted in the death of the person.