In California, a preventable fatality is classified as wrongful death and provides families with legal action. A lawsuit is filed to collect compensation for all financial losses and tort-based circumstances. The fatality is linked to negligence or a direct criminal act. A wrongful death lawyer in Orange County CA assists families when filing a claim.
Is a Criminal Conviction Necessary to Win a Civil Case?
No, the family is within their rights to file a wrongful death lawsuit before, during, or after a criminal trial. The outcome of the criminal trial doesn’t have any impact on the outcome of the civil trial. The burden of proof is different in the civil case than in the criminal case. While in a criminal case it is necessary to prove that the defendant kills the victim, in the civil case, it is just necessary to prove a liability with or without direct action.
What Conditions Are Needed to File for Wrongful Death?
- The victim died due to the exact circumstances presented in the claim.
- The defendant caused the death due to negligence and/or an intent to inflict bodily harm.
- The victim’s family must be facing a financial hardship because of the fatality.
What Circumstances Are Most Likely to Lead to a Wrongful Death?
The most common circumstances that lead to a wrongful death are medical malpractice, transportation-based accidents, occupational hazards, failure to supervise the victim properly, or a direct criminal act.
What Award Is the Family Likely to Receive?
The family receives monetary awards for all financial losses associated with the victim. The losses include medical expenses and funeral costs. If the victim provided financial support for the family, the monetary losses are added to the award. Some personal injury claims allow for punitive damages to punish doctors for wrongful acts. Tort-based rulings may also apply in some cases.
In California, a wrongful death is considered any fatality that was avoidable by a different course of action. The cases help families collect their financial losses after they lose a loved one suddenly. Families that need more information about these types of claims can contact a wrongful death lawyer in Orange County CA at ALL Trial Lawyers – CPS Lawyers now.