Pasadena Wrongful Death Lawyer
When someone is killed due to the negligence or intentional actions of another, it may be appropriate to seek legal recourse via a wrongful death lawsuit.
In such cases, the estate of the person who was killed may be fairly compensated by filing wrongful death litigation against the liable party. Suits are usually filed by a representative of the deceased person’s estate on behalf of surviving family members and loved ones.
Let’s take a closer look at how this process works, and when wrongful death litigation should be pursued.
The Facts About Wrongful Death
Wrongful death litigation often follows deaths that were caused by negligence/incompetence or reckless or malicious behavior. Three of the most common wrongful death scenarios are:
- A patient dies in surgery, and it is discovered that the death is linked to an error made by a healthcare provider.
- A motorist is killed in a collision, and the other driver was drunk or distracted.
- A person is intentionally killed by another person.
In order to win a wrongful death suit, an attorney needs to prove that a third-party is responsible for the death of the person in question. The standard that is typically applied is called “due care.” In a wrongful death action it must be shown that the defendant owed the deceased person a duty of due care than then breached that duty.
For example, a physician owes a patient a duty of due care when providing medical treatment. Motorists owe each other a duty of due care by respecting the rules of the road and driving safely.
Attorneys must prove that a duty of due care exists, that it was breached and that the breach was responsible for the death of the person in question. This causation element is often the most complex aspect of wrongful death litigation, as many malpractice or vehicle collision cases involve multiple moving parts.
A Los Angeles County Wrongful Death Attorney Who Fights For You
If you’ve lost a loved one and the scenarios outlined above apply to you, it’s time to consider speaking to a wrongful death attorney.
At L&B Law Group, we’ve been fighting for the legal rights of Californians for decades. Contact us immediately for a free consultation.