If you’ve lost someone dear to you because of another entity’s actions, you may be able to file for a wrongful death lawsuit. Although no amount of damages can substitute for your loved one’s life, the money can help with financial issues arising from the death. It also helps you feel that justice has been served.

Below, you’ll see what you need to know about improving your chances of winning a wrongful death claim. You can click here to contact an experienced wrongful death lawyer.

Parties Eligible to File a Wrongful Death Lawsuit

Although the rules for persons that can file a wrongful death lawsuit differ between states, California allows a specific number of people to make the claim. The first is the deceased’s living spouse or domestic partner. The second is the victim’s surviving children.

In cases when the decedent has no partner or kids, parents or siblings can file the lawsuit. Anyone financially dependent on the deceased can also bring forward a case against the defendants.

Establishing Negligence or Intentional Violence

Wrongful death arises from actions that qualify as negligent or intentionally violent. You only need to prove either of these by establishing specific elements for the case.

For negligence, you have to prove that the defendant had an obligation to care for the deceased. For instance, a driver has to care for others on the road by driving responsibly. Medical practitioners have to care for their patients during treatment.

You have to prove that the defendant breached the duty of care which resulted in a fatal incident for the victim.

For intentional harm, you’ll have to prove that the defendant knowingly performed the act that was detrimental to the victim. You also have to prove that the defendant made non-consensual contact with the victim leading to the death. For instance, hitting the victim with a weapon or car is classified as non-consensual contact.

Proving all of these elements in a wrongful death claim is key and can be completed through an extensive investigation.

Increasing the Size of Compensation

The state of California stipulates in its wrongful death law that damages can be economic or intangible. This means that you can make a wrongful death claim for financial and emotional loss due to the victim’s death.

The most common damages in Californian wrongful death claims include funeral costs, loss of monetary support, deceased’s pain, and medical costs. The calculative process for non-economic damages is highly subjective depending on the jury selected. That’s why you’ll need to go for a lawyer that can present a convincing case to get you the compensation you deserve.