Do You Need a Wrongful Death Lawyer? What You Need to Know About Filing a Wrongful Death Suit
A wrongful death lawyer is a personal injury attorney that specializes in cases where a victim loses his or her life as a result of another person’s (or party’s) negligence. If you lost a loved one due to someone’s negligence, you may be able to work with Los Angeles’ wrongful death lawyer to get compensation for your family as you move forward with the threat of hardship looming.
A wrongful death lawyer at The Ryan Law Group will prove liability against the negligent party. He will do this by establishing the four legal elements of negligence:
- The presence of a legal duty that the plaintiff is owed by the defendant
- A breach of that duty by the defendant
- The plaintiff’s injury sufferance
- Proximate cause – Proof that the injury was caused by the defendant’s breach
The wrongful death lawyers of The Ryan Law Group can gather all the right evidence to prove each of the above four elements.
What is a Wrongful Death Claim in California?
California’s wrongful death law enables the surviving family and dependents to seek damages for the intentional or accidental loss of a loved one. A wrongful death claim provides compensation for the loss of financial support from the income earner, pain and suffering, funeral expenses, and other costs associated with the person’s passing.
Proving Liability in a Wrongful Death Claim
We already covered the four legal elements of negligence, and these must be present in order to prove liability. Now let’s delve into these elements in finer detail.
Duty of Care – Your loved one is owed a legal duty by the at-fault party, a reasonable person to help prevent your loved one from incident involvement that could create injury. This duty of care is predicated on the relationship between all the circumstances at play, and the involved parties. For example, a truck driver has a duty to drive safely while following traffic laws.
Breach of Duty of Care – When the at-fault person violates the duty of care, a breach exists. If someone fails to follow standard safety protocol, a breach of duty of care can likely be proved. A construction worker can be in breach of duty of care for not using the right safety equipment to perform various tasks. If a beam breaks free from a crane and crashes down to a public street killing people, then a judge or jury will consider what a reasonable person would have done in the same situation when trying to determine if the individual was in breach of duty of care.
Causation – Your wrongful death lawyer must prove that the breach of duty caused harm and enabled the death of your loved one. The wrongful death lawyers at The Ryan Law Group will go over the accident report, witness statement, medical records, and other forms of documentation to establish why your loved one passed away. The evidence uncovered will connect the at-fault party’s breach of duty with the death.
Damages and Suffering – Your wrongful death lawyer must prove that the death of your loved one resulted in damages that can be measured and gauged. Usually, this will include funeral costs, medical expenses, loss of wages, and emotional trauma, pain and suffering.
Hire a Wrongful Death Lawyer for a Suspicious Death
In many cases, successful wrongful death claims are filed from the soil of a suspicious death. If you suspect that the death of a loved one is associated with elements of negligence, then you may have a claim worth filing. However, you will need a wrongful death lawyer to delve into the case and find the necessary breach of duty and proximate cause. This is a time when you and your surviving loved ones will likely be confused, under a lot of stress, and grieving. You are likely thinking about what step to take next, and there could be some conflict involved. A wrongful death lawyer like Andrew Ryan will be able to present all of the facts and clearly lay out your case in a way that makes sense, and he will educate you on your options. Even if the evidence is lining up in the short aftermath of the accident, and there is suspicious activity surrounding the death, you are entitled to learn the truth and recover any compensation owed to you by a negligent individual or party.
Call The Ryan Law Group for a Free Consultation with the best Wrongful Death Lawyer in Los Angeles
If a negligent person in Los Angeles (or California) caused the death of a loved one, call The Ryan Law Group for the best wrongful death lawyer that Los Angeles has to offer. The consultation is free, and we will help you learn more about your case, its value, and we can create a roadmap towards helping you and your family get back on their feet after such a devastating incident. A wrongful death lawyer is absolutely necessary for you to get full compensation, and to help get you back into the routine of living your best possible life.