Negligence in a Wrongful Death Accident Case

Wrapping your head around the fact that someone you love is no longer with you in this world, due to a preventable accident that never should have happened is one of the most horrific and gut-wrenching things that can happen to a family. The responsible parties of wrongful death may also be held legally liable to provide compensation for the profound loss and suffering families must endure.

No matter what type of accident occurred to take the life of your loved one, it will be a trying time for you and nothing is going to bring your. Lots of other accidents and situations result in wrongful death all over California, but we do not want you haphazardly looking for compensation, come through Beverly Hills Injury Firm. Understanding the burden of negligence in wrongful death accident cases is an essential element in securing the highest settlement and justice for your family.

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How Do You Prove Negligence in Wrongful Death?

In terms of wrongful death, neglect is when the negligence or carelessness of another party leads to an accident that results in someone's death. This may include:

Distracted or drunk driving

Defective products or vehicles

Unsafe property conditions

Defective products or equipment

Medical malpractice

Employer negligence

When we lose a family member as a result of negligence, that law allows the responsible parties to be held accountable.

Proving Negligence in a Wrongful Death Claim:
The Four Elements

In order to win a tort lawsuit, the plaintiff must prove four key elements:

Duty of Care: That the defendant had a duty to act in a reasonably manner and not cause injury. Drivers must follow the rules of the road, while property owners must keep their premises safe.

Breach of Duty: The defendant was negligent in that he or she breached this duty by driving carelessly; to fast, not following safety standards, or failing to alert the plaintiff of dangers.

Causation: Your loved one was killed in the fatal accident and this was directly caused by a breach of duty.

Damages: It deprived the family, who survived after him from, a source of income, support and interspecies relatedness.
Evidence Needed to Prove Negligence
To have a strong wrongful death case, you need to have good evidence. This includes the following:
Police and accident reports
Medical and autopsy records
Witness statements
Photographs or Video Surveillance of the Incident
Causation and liability expert stretch defensive testimony
Premises or vehicle maintenance and inspection records
Records from employer or company (workplace-related deaths)

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

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The California Wrongful Death Statute of Limitations

As a rule you will have two years, starting from the date of death, to file a wrongful death case in California. Failing to meet this deadline can deny your case so you need to act now.

How an A Trained Fatalities Attorney Can Help

These can often be the most emotionally charged and legally complex cases of all , one of tremendous sorrow compounded by a convoluted series of insurance, medical, and legal questions. Unfortunately, insurance carriers will always lowball and find an excuse not to open a claim.

Our lawyers work diligently to collect and save this vital evidence.

Damages in Wrongful Death Cases Families may file wrongful death claims against certain parties for the following:

Denial of investor, financial support and earning opportunity

Medical and funeral expenses

Loss of companionship and consortium

Emotional pain and suffering

Loss of inheritance or services

Our goal is to provide you with damages that alleviate some of the financial hardship and acknowledge your loved one's legacy. When is a Wrongful Death Claim Appropriate?

Under California law, those who can file a wrongful death claim include:
Spouses or registered domestic partners Children or grandchildren In the case of no spouse or children then to Parents Any other dependents who were financially dependent on the deceased person.
Our team can figure out who is allowed to file and guide you through the process.

Here at Beverly Hills Injury Firm, we understand your plight and are here to offer you the compassionate and dedicated representation that you deserve. We investigate your case, fight the insurance companies and are prepared to go the distance to secure full compensation for your family.

Call the Beverly Hills Injury Firm Today
If you have lost someone due to the carelessness of another, you do not need to face this tragedy by yourself.
For a free consultation, call Beverly Hills Injury Firm at 310-231-9717. We will be with you every step of the way as we help you navigate your legal journey with compassion, dignity and a commitment to excellence.
And we fight to protect the future of your family —so that your loved one's legacy endures.

We offer free consultations

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We offer free consultations

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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