Determining Negligence in Westlake Village Wrongful Death Claims

Have you recently lost a close family member in a preventable accident? It is understandable that proving you deserve compensation for your loved one’s death may be upsetting. However, in our legal system, the burden is on you, as the plaintiff, to show that the defendant should pay for specific losses they have caused. Our lawyers understand how legal fault works in wrongful death litigation and can help pursue your claim effectively and efficiently.

Here is a brief overview of what is typically involved when determining negligence in Westlake Village wrongful death claims, as well as how an experienced attorney could help you achieve a favorable result from this type of case.

What Makes Someone Legally at Fault for a Wrongful Death?

There are four components to legal negligence, which must all be present for the defendant to be considered legally liable for the injury in question:

• The defendant had a “duty of care” to act responsibly, given the circumstances
• The defendant violated their duty of care by acting recklessly, carelessly, or illegally
• The defendant’s breach of duty was the primary and direct cause of an accident which likely otherwise would not have occurred
• That accident was the primary and direct cause of the fatal injury suffered by the family member of the person or people filing suit

Certain types of claims define legally actionable negligence differently, most notably those involving malpractice by medical professionals. During a private consultation, a qualified attorney in Westlake Village can explain how negligence could be determined in a particular wrongful death claim.

How Comparative Fault Could Impact Compensation

In personal injury claims, a plaintiff may have their final damage award reduced based on a percentage of “comparative fault” assigned to them for the role they played in causing their own injuries. Unfortunately, plaintiffs sometimes encounter this legal roadblock in wrongful death cases, too, which can substantially complicate the process of establishing that someone else’s negligence was the primary cause of death.

In California, unless a person is 100 percent at fault for their own accident, no amount of comparative fault assigned to an injured—or, in this case, deceased—person can completely eliminate their right to seek civil restitution. Still, help from skilled legal counsel can be crucial to effectively fighting allegations of fault during a wrongful death lawsuit.

Need Help Determining Negligence in a Wrongful Death Case? Contact Our Westlake Village Attorneys

Determining negligence in Westlake Village wrongful death claims is just one stage of many in the legal process. In addition to proving someone else is at fault for your loved one’s death, you will also need to prove that the damages you are seeking stemmed directly from your loved one’s death, and that you have assessed their financial value fairly in the eyes of the civil court system.

This is not something you want to try handling alone, and you do not have to. Call today to learn how a capable wrongful death lawyer’s support could improve the chance of success in your case.