Wrongful Death Case Elements

Thursday, July 6, 2017 by The Law Offices of J. Jeffrey Herman

The death of a loved one is a tragic event to begin with but when it is coupled with negligence and ultimately could have been avoided, the situation becomes even more painful. When you fear the situation is a wrongful death contact a Ventura County wrongful death attorney to review your claim and get fully compensated for your loss.

Main Legal Elements

The surviving relative filing a wrongful death lawsuit will need to prove each of the main legal elements to be compensated for their loss. The first is negligence and the wrongful death attorney will need to prove the death was caused directly due to the defendant’s recklessness, negligence or carelessness. The second element, breach of duty means that the attorney will need to establish how the defendant disregarded the duty they had to the deceased. This could be a doctor whose purpose is to maintain and care for the health of the now deceased or a motorist whose duty is to drive safely. Causation is a combination of the two previous elements in that it needs to be proven that the breach of duty was correlated to the death. The final and easier of the elements to prove is damages. The attorney will provide a detailed description of the emotional, financial and physical damages caused to the victim and their family.

Causes of Wrongful Death

No amount of money can ever bring your loved one back and attorneys do understand the difficult process you are going through after a loved one’s passing. You will need to stay strong and determine if the death could have been avoided on some level.  Any unexpected or suspicious death should be thoroughly investigated. There are unfortunately common causes for wrongful death including:

• Medical malpractice
• Birth injuries
• Product defects
• Motor vehicle accidents
• Slip and Fall
• Elder abuse
• Dog bites

There are many other causes of wrongful death and a Ventura County attorney will help you through the difficult process.

Proving Wrongful Death

Wrongful death lawsuits are tried as a civil matter which means the bar is set lower on the burden of proof. In criminal cases the standard is being guilty without a reasonable doubt while in civil cases you will need a preponderance of evidence. Before ever making it to the trail there are many ways attorneys and the court will attempt to settle the claim. They will try mediation and demands in an attempt to reach a settlement. When that is unsuccessful then the case will go to trial. Wrongful death attorneys will develop a strategy for your case and investigate the claim thoroughly by speaking with experts and talking to witnesses. The attorney aims to present credible and high caliber evidence to win the case and receive adequate compensation for surviving members. Ventura County wrongful death attorney J. Jeffrey Herman will be the best attorney to contact for a wrongful death claim due to his over 30 years of experience in the field.