Making a Wrongful Death Claim Stick

Demands for wrongful death compensation may take years and long hours in court to resolve. Observers think the long road is worth the journey to justice, but what can contribute to the resolution of such a case? Generally, courts in California will decide on a wrongful death lawsuit if the elements have been established. Experienced wrongful death lawyers can help identify what these elements are to determine if a case can indeed be built upon them.

Obligations to the Deceased

In every wrongful death case, the court will first establish if the defendant owed the deceased person a duty of care or not. In a fatal car accident, for example, it must first be established that the driver at fault has the obligation to obey traffic rules.

Broken Duty

Duty of care will be breached if the same driver failed to obey the traffic rules, thus causing injury or, worse, death. Perhaps he had run past a red light or he was going too fast. In a wrongful death case, these actions already constitute a breach in the duty of care the defendant owes the deceased person.

Cause and Effect

Finally, a plaintiff has to prove that these particular actions committed by the defendant directly caused the wrongful death. Thus, wrongful death cannot be claimed if the cause of death wasn’t due to the driver beating the red light, but rather was due to a failure on the deceased person’s vehicle.


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