Determining Negligence in Victorville Wrongful Death Claims

Losing a loved one before their natural time is always an intensely traumatic and emotionally devastating experience, no matter how or where it happens. Nevertheless, when it comes to civil litigation over wrongful death in California, the burden of proof always falls on the surviving family members of the deceased person to prove that the defendant named in their claim should compensate them for their losses.

With that in mind, understanding the role that legal negligence plays in wrongful death litigation can be key to pursuing these sorts of claims effectively. Here is a brief overview of how determining negligence in Victorville wrongful death claims works, as well as what a seasoned wrongful death attorney could do to help streamline this process and give you the best possible chances of case success.

What Are the Basic Elements of Legal Negligence?

Both in Victorville wrongful death claims specifically and in personal injury cases generally, negligence has four components which all must be present for a lawsuit built around this legal principle to proceed. First and foremost, the defendant being sued must have owed the plaintiff filing suit a duty of care, which is an implicit or explicit obligation to act a certain way under certain circumstances so as to minimize the risk of anyone else accidentally getting hurt.

Second, the defendant must have breached that duty through a specific reckless, careless, or illegal action. Third, that breach of duty must have been the direct and primary cause of an accident involving the plaintiff—or, in the case of a wrongful death claim, a fatal injury to the plaintiff’s family member—which likely would not have happened at all without that breach. Fourth and finally, the accident in question must have resulted in compensable losses for the plaintiff, which in a wrongful death claim can include things like funeral expenses, lost future financial support, and loss of love and companionship.

Building a Strong and Evidence-Supported Case

Determining that negligence led to a wrongful death in Victorville is just the first step of many in the litigation process. To achieve a favorable case result and obtain compensation, the plaintiff(s) filing suit must be able to show through a preponderance of the evidence that all the criteria mentioned above apply to:

• Their family member’s fatal accident
• Themselves as plaintiffs seeking restitution

This can require everything from witness testimony to traffic camera footage to even forensic evidence from a crime scene.

It will also be necessary to formally establish that the deceased person has, in fact, passed away and that their injuries from a specific accident were the main and direct cause of their death. A skilled lawyer can provide vital assistance with collecting and making effective use of documents like death certificates, coroner’s reports, and treatment records.

A Victorville Attorney Can Help with Determining Negligence in Wrongful Death Claims

If you recently lost a loved one in a preventable accident, it is more than understandable to want to blame anyone and everyone involved in that accident for your family member’s premature death. However, while it is often possible to hold negligent people liable for causing a wrongful death, you will first need to establish that the person was actually negligent in the eyes of California civil law, which can be more complicated in practice than many people expect.

Representation from a knowledgeable lawyer can be essential to determining negligence in Victorville wrongful death claims and to handling every other part of the legal process in a proactive way. Call Walter Clark Legal Group today for help with your claim.