Proving Wrongful Death Can Sometimes Be Tricky.

The CDC reports that unintentional injuries are the third-leading cause of death in the United States. While many of these deaths are caused by motor vehicle accidents, fatal injuries from construction sites, medical malpractice, unintentional poisoning, and premise liability incidents are also prevalent. As the number one wrongful death lawyer in Southern California, our team at Hershey Law is here to help you prove a wrongful death case.

 

Why hire a wrongful death lawyer?

Wrongful death claims are generally filled with emotion and hardship. Because of this type of emotional investment, these often hard-to-prove cases require expertise, experience, and an outside perspective. Hiring a wrongful death lawyer is the best path to accomplish these tasks and collect what you and your loved ones deserve.

An experienced lawyer will assist in proving negligence, intent to harm, estate matters and appointments, and many other details that you may not be emotionally fit to handle at the time.

 

Knowing and Proving the 4 Key Elements

As mentioned, a wrongful death case can be hard to prove. There are four primary elements requiring attention in these cases:

  •       Negligence
  •       Breach of Duty
  •       Causation
  •       Damages

 

Negligence refers to proving carelessness, recklessness, or other forms of negligence on the defendant’s behalf.

A breach of duty refers to the evidence that the defendant neglected to provide an appointed duty. For example, if your loved one died as a passenger in a vehicle accident. The breach of duty may refer to the driver not paying attention to the road or posted warning signs.

Causation means proving the breach of duty caused harm. Going back to our prior example, the defendant’s breach of duty may have resulted in a crash that ultimately killed your loved one.

Damages are often presumed in a wrongful death case when the breach of duty and causation hasn’t already been proven.

 

 

Do you need a wrongful death lawyer?

Seeking justice for the loss of a loved one is never easy. Furthermore, when it comes to wrongful deaths, meeting the specific criteria is crucial to obtaining the settlement you and your family deserves. At Hershey Law, you’ll find an experienced and knowledgeable team of wrongful death lawyers that will help bring resolution to your loss.

 

Contact our team at Hershey Law today to schedule your consultation (310) 929-2190.