Determining Negligence in Rancho Mirage Wrongful Death Claims

In order to file a wrongful death claim after the loss of a loved one, your legal team will need to establish that the liable party committed some act of negligence that led to the loss. That negligence can take several forms, from failing to follow the law to neglecting needed maintenance or repairs on business property. Establishing your family’s right to compensation without proving someone else’s negligence can be incredibly difficult. Thus, determining negligence in Rancho Mirage wrongful death claims is an essential part of building a strong case for compensation. Fortunately, our experienced wrongful death attorneys are prepared to help you pursue the financial recovery and justice you and your loved ones deserve.

Factor 1: Duty of Care

The first step in determining negligence in Rancho Mirage wrongful death cases is clearly showing that the liable party bore a duty of care to the deceased at the time of the incident. A duty of care includes any responsibility one party has to another, including an implied responsibility. For example, drivers bear a duty of care to others on the road and should take steps to ensure that they do not pose an unnecessary danger to others around them. Likewise, business owners bear a duty of care to their employees and visitors to their property.

Factor 2: Negligence, or Failing in the Duty of Care

Next, a lawyer will work to show that the liable party violated their duty of care in some way. That act of negligence might have seemed minor at the time: a driver glancing down at a cell phone at just the wrong moment or a business owner failing to take care of much-needed maintenance on the property, for example. Unfortunately, even benign negligence or failure of ordinary care can result in severe injuries and, in many cases, death. 

To establish negligence in a wrongful death case, your Rancho Mirage attorney must show that the liable party reasonably knew about the danger or should have known about it and failed to act on it. For example, if a store did not know about a damaged handrail that led to a devastating fall resulting in a person’s death, a lawyer may need to show that the store should have known the handrail was damaged through regular premises inspections so that they could properly warn visitors.

Factor 3: Causation

To establish negligence, an attorney must show that the liable party’s actions caused the accident that led to the deceased’s death. Negligence can occur without any accident; for example, a distracted driver does not always cause an accident. Negligence can also occur at the same time as an incident that results in death without contributing directly to the accident and death. However, when negligence contributes to or causes the injured party’s death, that party may share liability for the accident. 

Contact an Attorney for Help Determining Negligence in Rancho Mirage Wrongful Death Cases

Determining negligence in Rancho Mirage wrongful death claims is vital to your family’s ability to recover compensation for their loss. If you lost a loved one due to another party’s negligence, reach out to an experienced lawyer at Walter Clark Legal Group. We will help you go over your rights, assess who likely bears liability for the loss of your loved one, and help you shape a wrongful death claim that will make it easier for you to recover compensation for those losses.