Proving wrongful death involves demonstrating that another party’s negligence, recklessness, or intentional misconduct caused the death of your loved one. In California, wrongful death cases are complex and require establishing key elements to prove liability and obtain compensation.
Our experienced California wrongful death lawyers can help navigate this process. Keep reading to learn the elements needed to prove wrongful death in California. If you lost a loved one in an incident that wasn’t their fault, we can help hold the responsible parties accountable – call (805) 541-0300 today.
Elements needed to prove wrongful death
You must demonstrate the following elements to prove wrongful death in California successfully.
1. Duty of care
The first step in proving wrongful death is showing that the defendant owed a duty of care to the deceased. A duty of care means that the defendant had a legal responsibility to act in a way that would avoid harming the deceased. The specific duty of care will depend on the circumstances of the case.
- In medical malpractice cases – A healthcare provider owes a duty of care to provide competent medical treatment to their patients.
- In car accident cases – Drivers must operate their vehicles safely and follow traffic laws to protect other road users.
- In premises liability cases – Property owners must maintain safe conditions to prevent harm to visitors.
2. Breach of duty
Once the duty of care has been established, you must prove that the defendant breached this duty. A breach of duty occurs when the defendant fails to act reasonably, safely or responsibly. This breach could be an act of negligence, recklessness, or intentional wrongdoing.
- Negligence – Failing to take reasonable care, such as a driver running a red light or a doctor failing to diagnose a medical condition.
- Recklessness – Disregarding the safety of others, such as a construction site manager ignoring known safety hazards.
- Intentional misconduct – Deliberate actions that cause harm, such as an assault that leads to death.
3. Causation
After establishing that a duty of care was breached, you must show that this breach directly caused the death of your loved one. This element, known as causation, requires a clear link between the defendant’s actions (or failure to act) and the fatal injury or illness.
Causation can sometimes be challenging to prove, especially in cases with multiple contributing factors. For example, in medical malpractice cases, it must be shown that the doctor’s negligence was the primary cause of death, not the patient’s underlying medical condition.
4. Damages
Finally, to prove wrongful death, you must demonstrate that the death caused damages to the surviving family members. These damages can be both economic (financial) and non-economic (emotional and psychological). Common damages in a wrongful death lawsuit include:
- Funeral and burial costs
- Loss of the decedent’s financial support and future income
- Loss of companionship, affection, and emotional support
- Pain and suffering endured by surviving family members
- Loss of guidance (particularly for children)
How do you prove wrongful death? Gathering evidence
In any wrongful death case, gathering solid evidence is crucial to proving the above elements. The type of evidence needed will vary depending on the case’s specifics but often includes the following.
1. Medical records
Medical records are often essential in proving wrongful death, especially in cases involving medical malpractice, accidents, or workplace injuries. These records can show the deceased’s health condition before the incident, detail the medical treatment provided, and establish whether the defendant’s actions caused or contributed to the death.
2. Witness testimony
Witness testimony is a powerful tool in wrongful death cases. Witnesses can provide firsthand accounts of the incident, the defendant’s actions, and the impact of the death on the surviving family members. Expert witnesses, such as medical professionals or accident reconstruction specialists, may also be called upon to explain technical aspects of the case and demonstrate how the defendant’s breach of duty caused the death.
3. Surveillance footage or photos
If the wrongful death occurred in a public place or involved a traffic accident, surveillance footage or photos from the scene can provide valuable visual evidence. These materials may show how the incident occurred, who was at fault, and the conditions that led to the death.
4. Police reports and incident documentation
In many cases, such as car accidents or workplace fatalities, official reports from law enforcement or regulatory agencies are critical to proving wrongful death. These reports can provide an objective account of the incident and help establish liability.
5. Expert testimony
Expert testimony can play a crucial role in proving causation and damages. For example, medical experts can explain how the defendant’s actions (or inactions) led to the decedent’s death, while financial experts can calculate the future earnings the family lost due to the wrongful death.
How Ernst Law Group can help prove wrongful death
At Ernst Law Group, we understand the emotional and financial challenges that come with losing a loved one to wrongful death. Our experienced attorneys are dedicated to helping families prove wrongful death by gathering strong evidence, working with experts, and building a compelling case. We will:
- Investigate the circumstances of the death
- Collect medical records, witness statements, and expert testimony
- Establish a clear link between the defendant’s actions and the death
- Fight for the full compensation your family deserves, including both economic and non-economic damages
Contact Ernst Law Group for a free consultation
If you are asking how you prove wrongful death, contact Ernst Law Group today for a free consultation. We will review your case, explain your legal options, and guide you through seeking justice for your loved one. With our expertise and dedication, you can be confident that we will fight tirelessly to hold the responsible party accountable.
