Wrongful death is a legal term that refers to a situation where someone dies due to the negligence or misconduct of another person, company, or entity. It can occur in a variety of settings, including car accidents, medical malpractice, workplace accidents, and more. According to the Centers for Disease Control and Prevention (CDC), there were over 170,000 unintentional injury deaths in the United States in 2017 alone.
Dealing with the loss of a loved one can be incredibly difficult, and the legal process surrounding a wrongful death case can be overwhelming. That's where our team of professionals comes in. We have years of experience helping families navigate the legal system and get the justice they deserve. We understand that no amount of money can bring back a loved one, but we're committed to fighting for our clients and holding those responsible accountable for their actions.
Definition of Wrongful Death
When someone dies due to the negligence or intentional harm of another, it is considered a wrongful death. This can occur in a variety of situations, such as car accidents, medical malpractice, workplace accidents, and more. In order to prove wrongful death, it must be shown that the actions of the defendant directly caused the death of the victim.
According to the Centers for Disease Control and Prevention (CDC), there were more than 167,000 unintentional injury deaths in the United States in 2018. Of those, 39,404 were due to motor vehicle accidents and 48,344 were due to falls. These numbers highlight the importance of holding those responsible for wrongful deaths accountable for their actions.
As one expert notes, "Wrongful death cases are about justice for the family members left behind. It's about holding the responsible parties accountable and ensuring that they don't cause harm to anyone else in the future." While nothing can bring back a loved one, seeking justice through a wrongful death lawsuit can provide closure and financial compensation for the family.
Legal Elements of Wrongful Death Lawsuits
When someone dies due to the negligence of another person or entity, it can be considered a wrongful death. In these cases, the surviving family members may be able to file a wrongful death lawsuit to seek compensation for their loss.
There are several legal elements that must be proven in order to win a wrongful death lawsuit. The first is that the defendant had a duty of care to the deceased. This means that the defendant had a responsibility to take reasonable steps to prevent harm from coming to the deceased.
The second element is that the defendant breached their duty of care. This means that they failed to take the necessary steps to prevent harm from coming to the deceased.
The third element is causation. This means that the defendant's breach of duty caused the death of the deceased.
Finally, the surviving family members must show that they have suffered damages as a result of the death. This can include financial damages such as lost income, as well as emotional damages such as pain and suffering.
Proving these legal elements can be challenging, which is why it is important to have an experienced wrongful death lawyer on your side. Our team of professionals at Los Angeles Wrongful Death Law have the expertise and compassion to help you navigate this difficult process and seek justice for your loved one.