Wrongful Death can be Devastating
Losing a loved one is difficult regardless of the circumstances. However, when an avoidable accident caused the death, the pain and grief can be overwhelming. A wrongful death lawsuit can be difficult on you and seeking help can be very beneficial. Our Irvine wrongful death lawyers can help you pursue a claim against the party who caused your loved one’s death. To be successful in a wrongful death lawsuit in Irvine, you must prove all four Irvine wrongful death elements:
Irvine Wrongful Death Elements 1: Duty of Care
The first element in a wrongful death lawsuit is to establish a duty of care from the defendant to the deceased. If a person owes you a duty of care, you have the right to expect that the person will take reasonable steps to avoid causing you to be harmed. For example, all drivers have a duty of care to drive in a manner that does not endanger others on the road. Likewise, doctors have a duty of care to treat patients in accordance with industry standards.
Irvine Wrongful Death Elements 2: Breach of Duty
After demonstrating a duty of care, you must establish that the defendant breached the duty. For instance, if a doctor does not perform required diagnostic tests, this could be a breach of duty. A driver who operates a vehicle at excessive speeds or while intoxicated could be accused of breaching his duty of care.
Irvine Wrongful Death Elements 3: Causation and Fault
It is not enough to establish that the person owed a duty of care and breached that duty to recover compensation under a wrongful death claim. You must also prove that the defendant’s breach led to the injuries that caused the death. In other words, the action or inaction of the defendant was the direct and proximate cause of the event that resulted in the wrongful death of your loved one.
Irvine Wrongful Death Elements 4: Damages
Once you establish the first three elements of a wrongful death lawsuit, you must demonstrate that you and your family have suffered damages because of the loss of your loved one. Damages may include the loss of income the deceased contributed to the household, funeral expenses, medical costs from the date of the accident until death, mental anguish, and loss of love, support, and companionship.
Calculating the value of a wrongful death claim can be a complicated endeavor as you attempt to place a value on your pain and suffering and calculate the value of the services and support you have lost because your loved one died. A Irvine wrongful death lawyer understands how to use the evidence to develop a persuasive case to support maximum compensation.
Common Causes of Wrongful Death in Irvine
Many accidents and events can result in a wrongful death lawsuit. Some common causes of wrongful death include:
- Medical malpractice
- Motor vehicle accidents
- Criminal acts
- Slips and falls
- Defective products
- Workplace accidents
- Defecting or malfunctioning medical devices
- Defective or dangerous drugs
- Sports and recreational activities
If your loved one died in a tragic accident, contact our Irvine wrongful death lawyers for a free case review and legal consultation.
Irvine Wrongful Death Lawsuits
No amount of money will ease your pain or undo the terrible wrong that has been done to your family. However, the only civil recourse the justice system offers for a wrongful death is a monetary award for the family. Our CA wrongful death lawyers can help you hold the responsible party liable as we seek justice for you and your loved one. Schedule a consult with the experienced wrongful death attorneys at Deldar Legal today to discuss your legal options.
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Posted in: Wrongful Death