Seeking Justice: How to Establish Liability in Wrongful Death Claims

a lawyer talking to a client

There’s nothing more tragic than a life lost because of someone’s irresponsibility: a car crash caused by a drunk driver or an accident due to an unsafe work environment. Not all hope is  lost though because under the justice system, the irresponsible are answerable to the law. The challenge, however, is to prove the liability of a person or entity.

An experienced wrongful death lawyer from Los Angeles can help you with this.

The Wrongful Death Claim

California law necessitates that whoever makes a wrongful death claim should be able to establish the principle called duty of care. This refers to the legal duty of an individual or an entity to avoid harming others.

For instance, vehicle drivers have the duty of care to follow road rules and drive safely to prevent accidents. In the context of medical practice, doctors have the legal obligation to comply with standard operating procedures to ensure patient safety.

Once the duty of care is established, you must then be able to prove how the person in question has failed to perform that legal obligation. In other words, you must show that there was a breach in that duty, which led to death.

Evidence for the Claim

It’s important to show the link (or the causation) between the breach of duty of care and death. For this, you would need to provide pieces of evidence. A powerful proof you can use is the testimony of eyewitnesses to the accident.

Gather people who were present at the scene. It will be good if you can have video evidence, say, from security cameras or mobile phones. Aside from eyewitnesses, lawyers also work with accident reconstructionists to establish causation.

Once you’re able to prove that the breach of duty caused or contributed to the death of your loved one, the next step is to establish sustained damages from the loss.

The death of a loved one is painful, but more so when it’s brought by someone’s negligence. Consult an experienced lawyer to build your case and get justice for your relative.