Families trying to rebuild after losing a loved one may pursue wrongful death litigation. These lawsuits provide closure, as they typically culminate in the courts declaring one party at fault for a recent tragedy.
They also provide financial relief, as the sudden death of a loved one can create numerous expenses and deprive the family of income. The wrongful death statute in California allows either surviving family members or the personal representative of the decedent’s estate to initiate litigation.
What basic standards must a situation meet to justify a wrongful death lawsuit?
Proof of negligence or misconduct
For a tragedy to be actionable in civil court, there must be evidence that a specific party is to blame. Both wrongful acts and negligence can provide the basis for wrongful death litigation.
Plaintiffs must show that a preponderance of the evidence supports their claim that a certain person or a business caused the death of their family member. Even in cases where the state could not meet the burden of proof necessary for criminal prosecution, a lawsuit might be possible.
Uncovered losses
Both individuals and businesses often carry insurance to reduce liability if something unexpected happens. Those affected by a tragedy often need to evaluate available insurance coverage before turning to the courts.
When the situation involves premature mortality, the combination of massive expenses and years of lost income can easily exceed the insurance coverage available. Plaintiffs typically need proof of economic losses to pursue compensation.
Reviewing a recent passing with an attorney can help grieving family members understand their options. If the situation meets the necessary standards, a wrongful death lawsuit could provide a sense of justice and economic support for a victim’s family.
