Steps To Take After a Loved One’s Wrongful Death

What is wrongful death in California? A death is considered “wrongful” when certain actions of another party caused it. This can include injuries from car accidents, truck accidents, and construction accidents.  A useful way to determine if a cause of action for wrongful death is appropriate is to consider whether or not the person who died would have had a personal injury claim if they had lived. If the answer to that question is yes, then the surviving family members have a wrongful death claim. 

Wrongful Death Legal Cause of Action

California’s wrongful death statute provides a legal cause of action when:

• A person dies,
• Another person’s neglect, wrongful act, or strict liability (such as drunk driving) caused their death and
• The surviving family members suffered compensable financial and emotional losses as a result.

The surviving spouse, domestic partner, or children must file a lawsuit within two years. If none of these individuals is still living, grandchildren may sue. Otherwise, the decedent’s other heirs have a claim. 

Be aware that to prevail in a wrongful death lawsuit, you must prove the following:

• A duty of care: This means you must prove that the person responsible for the injury had a duty of care to your loved one. This could be a doctor, landlord, employer, or other party.
• A breach of that duty: The liable party acted or failed to act in a way that breached the duty of care. 
• Causation: The breach was the direct cause of the injury.
• Damages: Your loved one suffered compensable economic and non-economic damages.

Steps To Take If You Believe Your Loved One Suffered a Wrongful Death

Here are the steps you should take if you believe that your loved one suffered a wrongful death:

• Contact a wrongful death attorney: The first step to take is to hire a Los Angeles wrongful death attorney who will help you open an investigation to determine the facts around the death.

• Work with your attorney to ensure a thorough investigation of the case: Typically, this will include working with the police, medical providers, or others to obtain relevant information about the death. In most cases, expert witnesses will be hired by your attorney to consult on whether negligence or other liability-creating behavior caused or contributed to the death. It’s important to disclose truthfully all information about the case to your attorney.

• Be prepared to discuss with your attorney legal recommendations: If an attorney agrees to handle your case, the case will likely result in litigation or settlement. It’s important to listen carefully to your attorney and be informed about how he or she recommends the case will proceed. Ask questions if you don’t understand or disagree with your attorney’s recommendations.

Contact a Los Angeles Wrongful Death Attorney

At Pathway Law Firm, we are client-focused and here to help you get through every step of a wrongful death lawsuit. We have years of experience getting our clients the compensation they deserve. Contact us today for a free consultation.