Understanding Wrongful Death Claim: Causes, Responsibilities, and How to Build a Case!

Untimely wrongful death is the worst-case scenario for most families. These incidents are far too common. Unintentional injuries are the leading cause of death for people under 45. In the wake of such disasters, a wrongful death claim is not on the to-do list for most families. But the stark fact is that these families need money to pick up the pieces of their lives. They also need justice and closure..

Only a California Wrongful Death Attorney provides these things. Attorneys diligently build evidence-based cases and obtain maximum compensation for survivors. This compensation usually includes money for pecuniary losses, such as the decedent’s final expenses and medical bills. Pecuniary losses also include compensation for lost future emotional and financial support. Additionally, and perhaps more importantly, a wrongful death action compels negligent parties to take responsibility for their actions.

Causes and Responsibilities

Responsibility is a complex issue in wrongful death claims. The two most common causes, drug overdoses and car crashes are good examples.

Occasionally, a drug overdose death is truly an accidental death. That’s what happened to college basketball phenom Len Bias in 1986. Generally, however, a drug overdose is the end of a long, downward spiral that has multiple causes.

Overall, the downward spiral probably began with an obscure letter to the editor in the 1980 New England Journal of Medicine. It concluded that “the development of [opioid] addiction is rare in medical patients with no history of addiction.” During subsequent years, this letter was cited over 600 times in medical studies touting the safety of opioid painkillers.

Personally, the downward spiral usually begins with an opioid pain pill prescription. Synthetic opioids, like fentanyl, are especially dangerous.

Many doctors write prescriptions for painkillers many times stronger than morphine without asking too many questions. Similarly, drug shipping companies made millions shipping large quantities of dangerous painkillers like they were large quantities of paper plates. 

Property owners could also be responsible if they turn a blind eye to drug use under their roofs. Most California property owners are legally obligated to provide safe and secure environments.

Vehicle collisions are like dynamite sticks. Sometimes, they explode unexpectedly, usually because of improper handling. Other times, they explode because someone, usually the tortfeasor (negligent driver), lit the fuse. Aggressive driving, like speeding, and operator impairment, like alcohol use, are the most common causes of car crashes.

Occasionally, car crash victims are partially responsible for their injuries if, for example, the victim was speeding and the tortfeasor was drunk. More on that below.

Building a Wrongful Death Claim

The police report in a car crash case or the coroner’s report in a drug overdose case, medical bills, and witness statements are usually the most critical bits of evidence in a wrongful death case.

This evidence must be strong enough to prove negligence or a lack of care by a preponderance of the evidence, or more likely than not. Since the burden of proof is so low, this evidence is frequently sufficient to prove negligence. But it’s insufficient to establish the damages as mentioned above.

If the evidence isn’t strong enough in this area, a Los Angeles personal injury lawyer often partners with an outside professional. Psychologists testify about lost future emotional support, and accountants testify about lost future financial support.

However, we’re getting a bit ahead of ourselves. Before Los Angeles personal injury lawyers file legal claims, they must identify the likely responsible party. In other states, this step isn’t very important. But California has different laws. Attorneys cannot shoot first and ask questions later.

Once all the essential elements of a negligence case are established, including a fair amount of compensation, settlement negotiations usually begin. Out-of-court settlements resolve almost all wrongful death claims in California.

Possible Defenses

A preliminary negligence case isn’t the final word in a wrongful death claim. A Los Angeles personal injury lawyer must also refute possible defenses. Comparative fault, mentioned above, is the most common negligence defense in SoCal.

A similar defense, the assumption of the risk, often applies in drug overdose matters. This defense applies if the victim voluntarily assumes a known risk. Most people voluntarily ingest meditation, but very few people are fully aware of all the risks.

California’s comparative fault laws are unusual as well. California is a pure comparative fault state. Let’s go back to the car crash example. If the victim’s excessive speed was 99 percent responsible for the wreck, the tortfeasor must still pay a proportionate share of compensation.

Contact Our Experienced California Wrongful Death Lawyers!

Wrongful death survivors need and deserve substantial compensation. For a free consultation with Experienced Wrongful Death Lawyers in LA, California, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.