How Does An Attorney Prove A Los Angeles Wrongful Death Case?

In general, to file a wrongful death action, your wrongful death lawyer must prove all of the following:

• The death of the deceased victim was caused in whole, or in part, because of misconduct by the defendant;

Your attorney must prove that the defendant, or the one you are holding accountable for your loved one being killed actually caused the wrongful death.  Your lawyer must further prove that a reasonable person could foresee that your loved one's death could result from their inactions or inactions.

• The defendant was negligent in causing the Los Angeles wrongful death, and should therefore be held liable;

Negligence is generally defined as a standard of care below what is reasonably accepted in society for a given activity.  The law generally uses a reasonable person standard, where one is asked what a reasonably prudent person would do under similar circumstances.  If the defendant acted in a manner below this hypothetical standard, then they are considered to be negligent in causing the wrongful death accident.  If they acted in a manner which was consistent with the hypothetical standard of care or in a manner which was greater than this standard, then they were not acting in a negligent way and are not liable for the accidental death.

• The deceased victim is survived by a spouse, children or other dependents; and

As the deceased person cannot legally bring a wrongful death lawsuit themselves, they must be survived by a relative or a loved one.  It is this relative who brings the action on the deceased person's behalf.

• Monetary damage is owed as a result of the deceased victim's death.

A wrongful death action is a civil action seeking monetary compensation for the loss of the deceased person.  This is the only remedy available for wrongful death actions.

If you have any further questions regarding proving a wrongful death action, please call our attorneys directly at 800-715-4489 or complete a free Los Angeles Wrongful Death case evaluation form and one of our staff will be in contact with you shortly.