Wrongful death can occur due to negligent actions, omissions, or reckless behavior. The statutes governing situations causing wrongful death are very clear and victims are entitled to claim for damages under these laws.
The death of a loved one is very painful, made more agonizing if such circumstance came as a result of negligence of others. The mere thought that the sudden demise of a loved one could have been prevented had other people been more careful is unbearable. Such thoughts could drive you to file a lawsuit with the help of your dedicated Los Angeles wrongful death attorney. But before you do, you need to ensure that any or all of the following crucial situations must be present.
Duty of Care
The victim’s family must provide convincing proof that the entity or person accused has a duty of care over the deceased. Duty of care simply means that regulations or standard rules were violated by the accused due to negligence or animosity. For instance, hospital personnel administered a drug causing a fatal allergy to occur, leading to the death of the victim. Another example is when the driver of a vehicle failed to observe traffic laws established by the DMV, resulting in a fatal crash involving the deceased.
Failure to Uphold Duty of Care
When the family of the deceased establishes duty of care, they would now have to prove there was negligence. Furnishing evidence to prove that the accused ignored his or her responsibilities under the circumstance would also help a lot. In the case of the administration of a drug, it must be proven that the hospital personnel failed to establish if such medication could cause allergic reaction. As for the fatal car accident, the family of the deceased should prove the driver was doing something that DMV rules prohibit. These include driving under influence, texting while driving, over speeding, and a lot more.
The Root Cause
Finally, the family of the deceased must be able to connect the first two reasons as ultimate cause of the victim’s untimely death. The arguments that the accused broke the law, that his actions endangered the life of another, and that his deed caused death must be beyond doubt. Oxford University Press further revealed that in medical negligence, it must be proven that death came as a direct result of the hospital staff or doctors’ actions.
Note that wrongful death can result from a number of different other circumstances where negligence and recklessness were present. If you believe that the untimely demise of your loved one is caused by any of these circumstances, consult a lawyer immediately.