Generally, demonstrating the components of wrongful death can be a confusing process. However, these components are essential if you want to claim the compensation you deserve. In case such an event happens to your loved one, make sure you consult wrongful death lawyers to get the right assistance to proceed legally. Below is a discussion on the requirements to prove intentional harm and damages in the event of wrongful death.
Proving Intentional Harm
Certain wrongful death cases do not emerge from carelessness, but rather from deliberate violence and misdeed. The components required to prove a purposeful act are specifically described below.
- The individual had the plan to complete the violent act;
- The individual contacted the person in question (this can include hitting somebody with a vehicle or utilizing a weapon); and
- The contact caused lethal damage.
As a rule, violent deaths bring about a criminal case for murder or homicide. This would be dealt with independently from the wrongful death case. Meanwhile, if you have the guidance of an experienced lawyer, they would be able to improve your chances to utilize a criminal case and recover the damages concerned with the wrongful death.
In case you can prove that the passing of your loved one was brought about by the careless or wrongful act of someone else, the next stage is to establish that you have sustained harms because of the act. Critically, California courts have always maintained that harms for emotional distress are not possible to recover in a wrongful death scenario. That being stated, as a rule, an individual pursuing a wrongful death claim may raise a case of emotional stress against the party.
There are a few repeated damages found in the wrongful death cases in California. They are mentioned as follows.
- Costs related to the memorial service and burial of the deceased;
- Loss of future pay;
- Loss of money-related help; Loss of family unit services; and
- The loss of the decedent’s adoration, friendship, comfort, care, help, assurance, love, society, moral help, and so on.
Proving these harms is usually difficult and requires expert guidance. For instance, in deciding how much an individual would have made throughout their profession, it is important to consider various components. This includes future, the typical course of progression for an individual in their position, expansion, instruction, aptitudes, and capacities.
You need to consider the above points when dealing with a wrongful death case.