Determining Negligence In El Centro Wrongful Death Claims
All loss is hard—senseless loss is harder. When a loved one dies due to the careless or reckless actions of another, survivors may struggle with emotional devastation. These deaths can also lead to substantial medical bills, funeral costs, and a loss of support for the family, creating insurmountable financial burdens.
El Centro families have the right to file a wrongful death claim, holding the responsible parties accountable. Successfully pursuing compensation requires proving that the defendant’s negligence directly caused the death. Our compassionate team of attorneys at Walter Clark Legal Group could offer professional assistance with determining negligence in El Centro wrongful death claims.
What Is Negligence in a Wrongful Death Case?
Negligence means failing to exercise reasonable care. In the context of an El Centro wrongful death claim, that negligence must lead to another person’s death. The law recognizes that individuals and organizations have a responsibility—or duty of care—to act reasonably to avoid harming others. When someone breaches this duty and a death occurs as a result, they may be held liable.
Negligence can take many forms, including
In addition to negligent acts, reckless or willful acts can also support a wrongful death claim. Reckless acts reflect a willful disregard for the safety of others. Drunk driving is an example of recklessness. Willful acts show a desire to hurt someone—battery is an example of a willful act that can lead to death.
The Four Elements of Negligence
Survivors must establish four key elements to prove negligence in a wrongful death case:
- Duty of care
- Breach of duty
- Causation
- Damages
Showing that the defendant owed the victim a duty of care is the first step. A duty of care exists when the law mandates that a person or entity must act in a way that avoids harm to others. For example, drivers must obey traffic laws, doctors must provide appropriate medical care, and property owners must ensure their premises are safe.
Demonstrating that the defendant breached their duty of care—failed to act as a reasonable person—is next. For example, running a red light or failing to diagnose a life-threatening condition may be a breach of a duty of care for a driver or doctor, respectively.
Breach of duty is not enough—establishing that the breach directly caused the death of the victim is critical. This element—known as causation—is often the most challenging to prove. It requires showing that the death would not have occurred but for the defendant’s negligence. In some cases, expert testimony is required to demonstrate causation, such as in medical malpractice claims.
Finally, proving that the family suffered compensable losses as a result of the death is necessary. These losses can be tangible or intangible and can include:
- Funeral expenses
- Medical bills
- Lost income
- Loss of companionship
- Emotional suffering
The goal of damages is to compensate the family for both the financial and non-financial impact of the loss.
Understanding State Negligence Laws
Negligence does not have to be absolute. California follows the legal principle of pure comparative negligence, which means that liability for wrongful death can be shared among multiple parties. Even if the victim or another party was partially responsible for the incident, the family can still recover compensation. A skilled wrongful death attorney in El Centro can help assess how comparative negligence may impact a case and ensure the family receives the compensation they deserve.
Get an El Centro Attorney’s Help Determining Negligence in Wrongful Death Cases
Determining negligence in El Centro wrongful death claims can be difficult. Gathering the evidence can require legal maneuvers, as well as keen investigative work. Trying to do that while grieving a loved one can be overwhelming.
Fortunately, there is help available. An experienced attorney could provide crucial guidance and support, handling the complex legal processes and gathering the evidence needed to prove negligence. Schedule a consultation with our team at Walter Clark Legal Group to learn more about your options and how to seek justice for your loved one.
