Determining Negligence In Los Angeles Wrongful Death Claims

Losing a loved one is devastating, and when that loss is caused by someone else’s negligence or reckless actions, it can be even more painful. Surviving family members face not only grief but also confusion, anger, and a deep sense of injustice. A wrongful death claim can help bring clarity and accountability by holding the responsible party legally liable.

Beyond seeking justice, wrongful death claims also provide essential financial relief. Families often face significant expenses, including medical bills, funeral costs, and the loss of a primary source of income. Proving negligence in Los Angeles wrongful death cases is a critical step toward securing the compensation families need to rebuild their lives and move forward.

Defining Negligence

Negligence has a specific legal definition. Failing to act with the level of care that a reasonable person would use in the same situation is negligent. That level of care is also known as the duty of care, and a person’s duty of care varies with the circumstances and a person’s relationship with the other people involved.

Negligence can take several forms, including failing to follow legal standards, acting carelessly, or failing to take reasonable precautions to prevent harm. To prove negligence in a Los Angeles wrongful death case, the following elements must be established:

• The defendant owed a duty of care to the victim
• The defendant breached that duty
• The victim’s death was a foreseeable consequence of that breach

A key factor in determining negligence is whether the defendant could have reasonably foreseen that their actions—or lack of action—might cause harm.

Negligence and Wrongful Death

In Los Angeles wrongful death cases, determining negligence starts with carefully assessing whether the defendant’s actions breached their duty of care and whether that breach directly contributed to the victim’s death. There can be more than one proximate cause of an injury. However, if an intervening factor led to the death, then the negligent act would not be a proximate cause of that injury.

Some examples of behaviors that can be the proximate cause of an injury include:

• Drunk driving
• Reckless driving or speeding
• Driving distracted or overly tired
• Medical negligence
• Creating a defective product
• Failing to warn of or remedy hazardous property conditions

Anything that could lead to a personal injury claim can also support a wrongful death claim if the victim dies as a result of the injuries.

Survivors Must Prove Damages

Damages play a crucial role in both personal injury and wrongful death claims. While it is often easier to prove economic damages, such as medical bills, funeral expenses, and loss of financial support, non-economic damages are just as important. These may include emotional suffering, loss of companionship, and other intangible losses. An experienced attorney can help survivors accurately assess and characterize their economic and non-economic losses to ensure they receive fair compensation.

Get Legal Help With Los Angeles Wrongful Death Claims and Determining Negligence

Determining negligence in Los Angeles wrongful death claims can be challenging. An attorney from CD Law can help gather the evidence you need to establish liability. Contact us to schedule a case evaluation and learn about your potential remedies.