Losing a loved one is devastating, but when it results from someone’s negligence, it’s even more painful. It can leave you in shock and feeling a deep sense of injustice. Seeking accountability can be a significant part of coping with grief and finding closure. One of the ways you can pursue this is by filing a wrongful death lawsuit.
Filing a lawsuit depends on proving negligence and determining the party or parties responsible. Knowing whether your claim is valid and how to strengthen it can help you avoid further emotional pain and financial stress.
What is a wrongful death claim?
You can file wrongful death lawsuits for various acts of negligence or malice. These include medical malpractice, occupational hazards and criminal activity. In California, a plaintiff must prove, regardless of underlying circumstances, that:
- A person died
- Someone’s negligence or intent to cause harm caused their death
- Surviving family members are suffering financially
- The decedent’s estate has appointed a personal representative
Wrongful death claims are civil lawsuits, but some deaths can also result in criminal charges, which are handled separately. The goal of the lawsuit is to secure monetary compensation for losses. Unlike criminal cases, the court doesn’t need to establish guilt beyond a reasonable doubt to grant a civil judgment in your favor.
Who can be liable?
Identifying all potential defendants in your lawsuit is necessary to preserve your right to pursue damages. You can amend a complaint after new factors surface. But you need court approval and must follow the statute of limitations. Naming them all from the get-go makes the process less complicated and helps you secure a better settlement.
Potentially liable parties include:
- Negligent individuals: People whose reckless actions caused the death, such as distracted drivers and irresponsible landlords or business owners
- Healthcare providers: Healthcare workers and institutions whose subpar medical services caused fatal injuries or complications
- Manufacturers and retailers: Companies whose dangerous or defective products caused the death
- Employers: Companies and leaders whose workplace safety violations caused a fatal work accident
- Government agencies: City, county, state or federal agencies whose actions caused or contributed to the death
Receiving monetary compensation alone is not enough to fully come to terms with losing a loved one. However, it helps alleviate the burden of immediate monetary losses and expenses, which can lead to financial hardship.
Consulting an experienced personal injury attorney can help you pursue the compensation you deserve and consider all factors that can strengthen your claim.