Losing someone close will always be heartbreaking and traumatic. Things will get worse if your family member died because of the negligence of someone else. In such cases, you and your family members are likely to go through mixed feelings such as grief, agony, pain, frustration, etc. A wrongful death incident can even affect your quality of life badly. Without any doubts, it is really important to hold the person responsible for your irreparable loss.
Plus, you can obtain compensation for your loss from the defendant. It is true that this will not bring back your family member. Still, it can ease your financial burden. You can claim compensation for a number of damages when it comes to wrongful death cases. Some of those damages that are taken into account include the following.
- Funeral expenses
- Medical expenses
- Loss of wages
- Loss of companionship
- Loss of support
- Pain and suffering
- Emotional distress
However, you must prove the liability of the defendant in court to achieve this. Of course, it will be extremely challenging and complicated for an unskilled person to prove that someone is behind the death of someone else. Hence, it is better to leave the case in the hands of an experienced wrongful death lawyer.
Sometimes, the liability will be apparent and the opposite party will be willing to settle the case out of court. In such cases, make sure to consult with your wrongful death lawyer and ensure that you are getting the maximum monetary compensation. In most cases, the opposite party, usually insurance companies will try to make the plaintiff settle for a low ball offer. So, having a well-versed wrongful death lawyer on your side is extremely significant.
Establishing Liability
Now, most people will be wondering about how to prove the liability of the defendant in court when it comes to wrongful death cases. Note that this depends on the parties who are responsible for the incident. For instance, if your family member expired because of medical malpractice, the staff members and the hospital will be held liable for the wrongful death in most cases. When it comes to road accidents, liability is likely to be shared between the other driver, their insurance company, employer, etc.
If multiple parties or government entities are involved in a case, things can get more complicated. On a related note, California is a comparative negligence state and hence, each party will be held liable based on their share of fault. In fact, the compensation amount that a victim is entitled to will be reduced if the actions of the victim as well contributed to the wrongful death. Needless to mention, establishing liability is one of the significant steps to win your wrongful death lawsuit.