What Constitutes a Wrongful Death?

When a person dies, there is no doubt that their loved ones want closure, especially when that loved one has died unexpectedly and without any warning. There are some cases in which the cause of death constitutes a wrongful death claim so it is important to understand what exactly a wrongful death is. The defendant is the one being tried to determine if they were responsible for the death of the victim. In some cases the defendant is an individual, but if the defendant is a company, a wrongful death suit is the only option in retribution for damages.

The way to tell the difference between a case of wrongful death and a standard criminal prosecution case rests on a handful of factors. It can only be a wrongful death case if the defendant owed the deceased a duty, if the defendant's negligence caused the deceased harm or resulted in death, and if, by sustaining injuries or a fatality, the family of the deceased suffered financial loss. Also in standard criminal prosecution cases, the standard of proof "beyond a reasonable doubt" is used. In wrongful death suits, the "burden of proof" method is used and is shifted onto the defense to prove they were not at fault for the death.

In some instances, families of people who have died due to tobacco-related diseases have attempted to file wrongful death suits against big tobacco companies. Tobacco companies are found not at fault for tobacco-related deaths because after they warn consumers that smoking can be dangerous and potentially fatal, consumers are smoking of their own volition. Successful wrongful death claims, for example, may deal with an employee who was injured on the job due to faulty material that their company is responsible for.

If you believe that a loved one or someone you know has died as a result of a wrongful death, it is very important that you contact a Los Angeles wrongful death lawyer as soon as possible. A Los Angeles personal injury attorney at Pacific Attorney Group will be committed to fighting for their clients so that each and every family who has seen a loved one die due to negligence gets the justice and compensation they deserve. Call today to speak with an attorney about your case.