Understanding the Four Legal Elements of Wrongful Death Claims in California
If you have lost a loved one in an accident, the grief and sorrow can be overwhelming.
Whether it was a car accident, motorcycle collision, truck crash, bicycle, or pedestrian accident that caused the death of your family member, the confusion surrounding the circumstances of their unexpected death can leave more questions than answers.
At the Land Legal Group, our Los Angeles wrongful death attorneys can help you determine the cause of the accident by investigating the facts of the case and outlining whether negligence was the cause of your loved one’s death, so we can build a case to hold the negligent party responsible.
What Are the Four Legal Elements of Wrongful Death in California?
Wrongful death is the result of an individual being killed because of the intentional action, inaction, or negligence of another person or entity.
In the State of California, pursuing financial recovery for the loss of a loved one requires satisfying the four legal elements of the wrongful death statute.
They include:
- Legal Element Number One: The Duty of Care
First, we must prove that the defendant — or the person who caused the accident — owed the victim a duty of care.
This means he or she had a responsibility for the safety of the victim.
- Legal Element Number Two: There Was a Breach of the Duty of Care
Next, we must be able to show that person breached an established duty of care by intentionally, recklessly, or negligently.
- Legal Element Number Three: The Breach of the Duty of Care Caused Your Loved One’s Wrongful Death
Once we can establish that the person responsible for the collision owed your loved one a duty of care, and breached that duty, we must prove that breach caused their death.
- Legal Element Number Four: Your Loved One’s Death Resulted in Financial Damages
Finally, we will need to establish that the wrongful death of your loved one resulted in damages for which compensation can be obtained.
Those damages can include:
- Funeral and burial expenses
- Medical bills
- Lost wages
- Value of household services
- Loss of anticipated financial support
- Loss of guidance, attention, and love
California wrongful death claims and the pursuit of compensation are unique to each family’s loss and the resulting financial requirements.
If you believe your loved one’s life was taken because of another’s negligence, our wrongful death lawyers in Los Angeles would like to discuss your case.
How Can the Land Legal Group Help Our Family After a Wrongful Death Occurs?
Navigating the complexities of a wrongful death lawsuit is extremely difficult for a family to pursue on their own. At the Land Legal Group, our experienced wrongful death attorneys in Los Angeles County will provide the legal representation you need to fully investigate your case and calculate the financial losses your family has sustained to determine the final settlement amount we will pursue on your behalf.
To learn more about our wrongful death experience and how we can help your family pursue financial recovery from the negligent party, contact our personal injury lawyers at 310-552-3501 to schedule a free consultation today.
