Los Angeles Wrongful Death Lawyers
Our experienced and accomplished wrongful death attorneys have been advocating for families who have experienced a loss of a loved one for decades. Our office is sympathetic to the pain of going through such a loss and understands both the emotional and economic loss of wrongful death cases. We have brought justice to families going through losses caused by car accidents, commercial truck accidents, aviation accidents, construction site accidents, and railroad and mass transit accidents.
What Is A Wrongful Death Lawsuit?
In a wrongful death lawsuit, you are suing someone for financial damages because he or she caused death through his or her own negligence. This is a different type of situation than a prosecutor bringing criminal charges against someone. Just because someone has not been criminally charged for a crime does not mean he cannot be held financially liable. Similarly, one being charged with a crime does not automatically mean financial damages will be paid to anyone.
There are a number of items that must be proven to win a wrongful death lawsuit. You must prove that a “duty of care” existed, which means the defendant was engaged in some kind of activity that required him to demonstrate care around others. For example, a driver has a duty to drive carefully and obey traffic laws so that he does not injure other drivers. You must then prove that the duty of care was violated. Then you must prove that the violation of the duty of care directly resulted in the death.
Unlike criminal cases, it is not necessary to prove negligence beyond a reasonable doubt. The standard in a civil case is a preponderance of the evidence. It is actually rare for these types of cases to go to trial as they are usually settled out of court.