The 3 Conditions That Must Be Met to File a Wrongful Death Lawsuit in California
No one is happy to be able to file a wrongful death lawsuit. These situations are always difficult and anyone experiencing it would rather have their loved one back. Unfortunately, there is no way to do that. However, in some cases, there is a way to hold the at-fault party accountable while also recovering the financial damages you need to get back on track.
Not everyone who has lost a loved one is able to file a wrongful death lawsuit. Today at Law Offices of Fernando D. Vargas we are going to cover the three conditions that must be met to file this type of lawsuit. If you have questions, contact us at 909-982-0707 for a free legal consultation.
An Individual or Entity Must Have Directly Caused the Death
You Must Have Suffered a Quantifiable Loss
You Must Be Able to Prove Your Case
Note that this does not mean that the person who caused the death has to have intended to do so. It just means that by acting (or not acting) in a certain way, they directly caused the death of your loved one. It could be a situation in which a driver was not driving safely, or it could be a person not correctly fixing a car that later got into a car accident as a result.
It seems terrible, but the law does not consider simply losing a loved one to be enough of a reason to sue. You must actually prove that you lost something specific. This does not have to mean money, although it does often include the loss of financial support. It can also include things like loss love, care, comfort, moral support, and household assistance.
Of course, you cannot just show up and say that someone caused your loved one’s death and you have suffered as a result. You must be able to prove it. This requires that you have documentation such as photos or video surveillance, physical evidence, maintenance, inspection, or other relevant records, and statements from witnesses or others.
One of the many jobs your personal injury attorney will have is to build your case. We may have expert witnesses we can work with. We may be able to reconstruct the accident to answer questions about what happened. We may uncover new evidence. However, if you are starting with no evidence at all then you may have an uphill battle.
Now is the Time to Call and Find Out What Your Options Are
Do you believe you may have a case? Do you believe that your loved one’s death was the result of another person or company acting recklessly or negligently? Then your next call should be to Law Offices of Fernando D. Vargas at 909-982-0707. We can assess your case and let you know what your legal options are. Call us now and let us get started.