Glendale Wrongful Death Attorney
How to Prove Loss of Consortium
Going through the wrongful death of a loved one is very difficult to cope with. Facing an unexpected passing can create a life-changing experience for those closest to the victim. If you have endured the loss of a loved one, please accept our deepest condolences.
During this tough time in your life, you may be wondering if there is any way to get closure on the incident. The best and most ideal approach for this type of situation is to file a lawsuit against the individual at-fault for the wrongful death of your loved one. The victim’s heir(s) are granted the right to seek compensation for economic and non-economic damages that were caused by the wrongful death.
West Coast Trial Lawyers will do everything to successfully handle your case. Our Glendale wrongful death attorneys have over 60 years of collective legal experience with personal injury. We are confident that you will be satisfied with the end result of your case. At our Glendale personal injury law firm, we offer legal services that do not come with any financial risks. There are no fees charged until we win or settle your case. Reach out to our 24/7 legal staff by calling (818) 839-8800 or emailing [email protected] to schedule a free, no-obligation consultation with ourGlendale wrongful death attorneys. Who Can Sue For Wrongful Death?
A wrongful death claim can be filed by a representative of the victim who passed away from a wrongful death. Under California Penal Code 377.60, there are selected individuals that are allowed to file a wrongful death claim. This includes:
- Immediate family members. Partners, children, adopted children, and parents who have children that are not married are given the authority to acquire compensation for any damages caused by the wrongful death.
- Significant others or financial dependents. Those who are domestic or life partners who were financially dependent on the victim are allowed to make a claim.
- People who are financially suffering due to the victim’s wrongful death. This involves those who lost care or support after the wrongful death. They have to be related by blood or marriage to the deceased victim.
- Distant family members. This includes brothers, sisters, and grandparents.
- Parents of a deceased fetus. If medical negligence was the cause of death, the parents may file a wrongful death lawsuit.
Many types of individuals can be liable for wrongful death. Anyone who took part in causing a wrongful death can be sued. Examples of potential suspects are:
- The person who is at fault for causing a motor vehicle collision.
- Manufacturers are at fault for producing defective products.
- Government agencies failing to provide warning signs for road hazards.
- A road construction worker is responsible for creating a faulty roadway that caused the death of a driver.
- A person who sold alcohol to an underage customer or an already impaired customer. Teens who are unaware of the limits they have for alcohol consumption could get hurt, especially if they are operating a vehicle while under the influence.
Representatives of the wrongful death victim may be granted damages for the losses they suffered if it can be proven that negligence caused their loved one’s death. Available damages may include:
Losses that may be awarded to the surviving family include:
- Loss of community, love, and attention,
- Loss of financial support, or
- The value of services that were given by the deceased victim.
You are given two years to file a lawsuit from the initial date of the death or when you first found out about it. If you exceed this time period, you will lose the right to file a claim.Proving Wrongful Death
Once a wrongful death lawsuit is filed, the plaintiff must provide evidence of who was at fault for killing the victim. This will help determine what types of damages may be granted to the representatives. As long as convincing evidence is shown in court, then there will be a high chance of winning the settlement. Additional factors to consider include:
- Duty of care. The plaintiff is expected to prove that the defendant owed a duty of care to the deceased victim. An example could be if a defendant disobeyed road rules by going over the posted speed limit and crashing into the victim’s vehicle, causing instant death. The plaintiff(s) may use this information to show that the defendant was required to follow the law, but chose not to.
- Breach of Duty of Care. The plaintiff must provide evidence of the defendant breaching their duty of care. Certain types of evidence need to be presented. An example could be if the defendant drove through a red light, running over and killing a pedestrian walking across the street. The plaintiff must provide proof of the breath by showing an image, possibly taken by a street camera, of the defendant running a red light.
- Causation. The plaintiff is required to prove that the defendant’s reckless or careless intentions caused the accident and subsequent death.
The plaintiff is expected to show convincing evidence to the judge and jury. If they succeed in doing so, then the allegations made against the defendant will be most likely true. This will give the plaintiff a better chance of winning the case. However, if the plaintiff does not provide enough convincing evidence, the defendant may win.
The role of the burden of proof-primarily depends on whether the case is classified as civil or criminal. For civil cases, the standards are set lower for a plaintiff. On the other hand, with criminal cases, you must provide a significant amount of proof against the defendant.
When it comes to defendants, they are not required to prove anything to the judge or jury. If the plaintiff is not successful in making a convincing statement on why the defendant is guilty, then the defendant will win the case without having to present their evidence. However, the defendant can resort to an affirmative defense. This will cause a reverse effect between the plaintiff and the defendant.Contact Us
If your loved one was a victim of wrongful death and you want to pursue legal action against the person(s) at-fault, West Coast Trial Lawyers has experienced Glendale Wrongful Death attorneys that will provide you with legal help for your case. To schedule a free consultation at our Glendale personal injury law firm, contact our 24/7 legal team by calling (818) 839-8800 or emailing [email protected]