What Are the Elements of a Wrongful Death in California?

What Are the Elements of a Wrongful Death in California?

When a person dies while doing their job, the surviving family members may be eligible to recover death benefits. These benefits are given to those who filed a wrongful death claim.

In order to obtain these benefits, the surviving family members have to prove certain elements and find evidence to strengthen their claim.

This sounds easier than it actually is. Every year, there are about 5,000 wrongful death claims in California, out of which only 50 percent are successful. Here are the main elements of wrongful death claims, and how you can increase your chances of succeeding in obtaining the death benefits.

Proving Negligence

The first and the most important thing that you are always asked to show evidence of is negligence. How did your loved one die, and was it a result of someone else’s negligence? If the answer is Yes, you have to hire an attorney and try and collect as much evidence as possible to prove that it was someone else’s negligence that took away your loved one.

Without an attorney, proving this may be nearly impossible. If you do not have an attorney on speed dial, our offices are always open and welcoming. Give us a call today and schedule a free consultation with Death Claims Attorney in Los Angeles to learn more about negligence and how you can prove it and secure your benefits. We will be expecting your call.

Was The Loss Suffered by The Survivors?

With so many families being distant and apart, it is not easy to assume that the loss of a family member will affect any of the survivors. It does sound natural, but in today’s world, it has to be proven.

Usually, the things that are taken into consideration are:

  • Loss of consortium
  • Loss of love and privacy
  • Loss of comfort of life
  • Loss of financial support
  • Loss of physical support

If any of these things can be proven by the surviving family members, it will be much easier to obtain the benefits. Speak with your attorney for legal support and advice.

Intentional Harm

Was your loved one killed by someone? Some wrongful death cases arise from intentional violence, and it is important to prove the following:

  • That the person had the intent to commit the act
  • That the person made non-consensual contact with the victim (hitting someone with a weapon, or by a car)
  • That the contact with the person caused fatal harm

Each and every one of the above-mentioned cases proves intentional harm, in which case the surviving family members can still file a wrongful death claim.

A Death Claims Attorney in Los Angeles offer legal counsel and advice to everyone in need. He understands that you need some time to grief and adapt to the situation and that it is not easy to bear with the loss of a loved one. But when you are ready to talk and do something about it, Law Offices of Kropach & Kropach will be open.