Long Beach is a city in California. This state law allows surviving family members to file a wrongful death claim. However, the success of the claim depends on proving negligence. The statute of limitations for filing wrongful death claims is two years.
Managing this can be very difficult, considering emotions will be running high, and the other side will be fighting back. Understanding how to prove negligence can help families take the right steps towards seeking justice.
What Negligence Means in California Wrongful Death Cases
In legal terms, negligence means someone failed to act with the level of care that a reasonable person would have made in the same situation. In these cases, the goal of a wrongful death attorney in Long Beach, CA, is to directly show that the defendant’s failure caused your loved one’s death.
Wrongful death is different from a survival action claim, which is a special type of lawsuit in California that allows the claim a person had before passing to continue. A survival action must be filed by the representative of the estate, while a wrongful death claim focuses on family losses.
The Four Elements You Must Prove in Negligence
To win a wrongful death claim based on negligence, four points must be established:
- Duty of Care
You must show that the defendant had a legal responsibility for the decrease. For example, drivers have a duty to follow traffic laws. Doctors, on the other hand, must provide quality care that meets the medical standards.
- Breach of Duty
Demonstrate that the defendant failed in that responsibility. This could mean running a red light, ignoring safety protocols, or making a medical error.
- Causation
Prove that the breach directly led to the death. Even if the defendant acted carelessly, you must connect that specific behavior to the fatal outcome.
- Damages
Show that surviving family members suffered real losses. This may be because of losing financial support, companionship, and emotional guidance. Damages also include funeral and burial expenses.
Building a Strong Case with Evidence
Evidence is very important in every case, including wrongful death claims. Useful proof can include:
- Accident or police reports
- Eyewitness statements from people who saw what happened
- Expert testimony from medical professionals or accident reconstruction specialists
- Surveillance and traffic camera footage
- Medical records and autopsy reports that clarify the cause of death
The more credible and detailed the evidence, the harder it is for the defense to deny the negligence.
California-Specific Factors to Keep in Mind
California follows comparative negligence rules, meaning compensation can be reduced if the deceased was partly at fault. For example, if they were found to be 20% responsible for the accident, the compensation will be reduced by that percentage.
There is also a statute of limitations, which is two years from the date of the death. If the claims are against a government agency, the period is shortened to six months.
Conclusion
Holding a person responsible after a wrongful death can bring a sense of justice and financial security. Acting quickly and working with an experienced attorney can make all the difference in proving negligence and winning your case.