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What are the basic elements of a wrongful death case?

On Behalf of | Jan 10, 2019 | Wrongful Death

The untimely death of a loved one can come as a shock to any California family. However, when the death is caused by another party’s negligence or reckless conduct, the period of time when the family is grieving and attempting to move forward can be incredibly difficult. In such a situation, the surviving family members of the deceased loved one may be inclined to look into the possibility of pursuing a wrongful death claim.

So, what are the basic elements of a wrongful death case? Well, for starters, the facts of the case must obviously involve the death of a person. Next, there must be facts to establish that the death in question was caused by another party through either reckless or negligent conduct. From there, the surviving family members must prove that they have suffered financially due to the wrongful death of the loved one.

Of course, every case is different and will, therefore, have different facts to consider. For instance, some wrongful death cases are based on medical malpractice, while others may be based on a car or truck accident. Others could involve criminal conduct or the death of a child or dependent who was under another party’s supervision.

The sad reality is that every year there are many families in California who lose loved ones due to another party’s actions. The ensuing legal cases are more complex than the run-of-the-mill personal injury cases that some of our readers may be familiar with. Any family who has lost a loved one in these types of troubling circumstances may need to get more information about their legal options.

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