Wrongful Death Defined

As Los Angeles wrongful death attorneys, the Kitsinian Law Firm is very experienced in dealing with lawsuits resulting from others’ negligence. But what exactly is wrongful death, and how can it be proved? Read on to learn more.

A wrongful death lawsuit is a type of civil action directed at a person or entity responsible for causing the death of at least one person. This differs from a homicide case, which is prosecuted by government authorities. In California, there are certain requirements that anyone filing a wrongful death lawsuit must follow for the case to be successful, one of which involves legal proof of negligence.

A wrongful death can result from a number of circumstances. Many are related to traffic crashes caused by drivers who are intoxicated or merely reckless. Another common circumstance is medical malpractice, related from an improper diagnosis or the application of the wrong medical procedure. Deaths can also result from defective products, unsafe practices by businesses or the negligent actions of property owners.

Civil cases can be filed against those who were criminally responsible for a death. The survivors of the victims can in such cases seek financial compensation from the responsible party.

A wrongful death case can be complicated due to the many different elements that are often involved. It must be proven that the responsible party breached its “duty of care” of the victim, with this breach leading directly to the death. In a manner similar to a criminal trial, the facts will be presented in court through witnesses and documentary evidence. Unlike criminal cases, which require proof of guilt beyond a reasonable doubt, civil cases can be decided with only a preponderance of evidence, meaning that the death is determined to be wrongful by a margin of only 51 percent.

Many civil cases are settled through an agreement by both sides, thus avoiding an actual trial. However, any wrongful death lawsuit will require legal intervention. This is why those considering such action should always turn to the services of a lawyer with experience in civil law. The wrongful death attorneys at Los Angeles-based Kitsinian Law Firm have the experience to make sure you receive fair compensation if a loved one has died due to the negligence of others. Get in touch with us today.