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Navigating the Legal Process: A Guide to Wrongful Death Lawsuits

by Tim

When someone you love dies as a consequence of someone’s recklessness or deliberate conduct, you may feel furious and don’t know how to control your emotions. The world turns upside down, and everything that once made sense now doesn’t.

But the good news is that the law is by your side, and you have the right to sue the person you believe is responsible for the death of your loved one. The whole process will be emotionally and legally draining, but it is well worth the effort if it will bring justice to you, your family, and the deceased person.

So, let’s check some of the proper steps to take when dealing with wrongful death lawsuits.

What is wrongful death?

When someone’s wrongdoing, carelessness, and recklessness cause another person’s death, it is known as a wrongful death case, and usually, the family of the deceased person can bring up a lawsuit. Medical mistakes, car accidents, workplace accidents, faulty products, or criminal acts are all part of this category.

The main aim of these lawsuits is to get financial and emotional compensation for all the pain and suffering the family has endured and justice for the deceased.

You need a good lawyer

Whenever you are faced with legal problems, you should always look for a legal representative. They know what needs to be done and they know much more about the law than we do.

But it is not enough that we pick any lawyer when we deal with legal problems, especially when it comes to dealing with cases such as wrongful deaths. We all understand that when something like this happens, you do not feel like doing anything but you need to muster up the strength to fight the people who did this injustice.

If you want to sue the person who is at fault and if you live somewhere in California, you will need to find a San Diego wrongful death lawyer who will take this case and try to give you something back after you have suffered so much. You need a lawyer who has expertise when it comes to these types of cases.

They will immediately know how to approach the subject and what the potential outcomes are. These types of cases can be really stressful so you will need someone that will take them on and bring results as soon as possible.

That is why you should also think about getting a lawyer who works locally because they will be best equipped to get things done quickly since they know how the local legal system operates.

Who is eligible to file a claim?

Each state has different rulings about who is eligible to file a wrongful death claim, but usually, those are the closest people of the deceased person, like their spouse, children, and parents.

Also, siblings, grandparents, and other family members can be eligible for this if they are financially dependent on the victim. Finally, in some cases, the person’s representative can do this on behalf of the beneficiaries if they are executors of their affairs.

How to establish the case?

The plaintiff, or the one who is filing a claim, must show that the defendant has been directly responsible for the person’s death. First of all, they need to prove that the defendant had a duty of care, or in simple words, that he or she had an obligation to keep that person safe and show reasonable care.

For example, doctors have a duty of care toward patients, meaning they must care for their well-being, find the right treatment for their health issues, and avoid any mistakes. The breach of duty, the next step in the wrongful death claim, is the effort to prove that the defendant acted carelessly, violating his or her duty of care.

Causation is another important step where the plaintiff must show that this breach of duty was a direct cause of a person’s death, so the responsible party is definitely seen as a guilty one.


Damages include economic and non-economic ones. Economic damages include pre-death medical bills, burial and funeral costs, and loss of income, especially if the person was the only one who was working in the family.

Non-economic damages include physical pain, mental suffering, loss of support, loss of life quality, and other non-tangible concepts. The court can also impose punitive damages, which are a punishment for the offender not to repeat similar actions in the future.


Settlement negotiations

If you ever come to a stage where you do not want to continue with the lawsuit, maybe you should ask your lawyer to start settlement negotiations. You need to realize that nothing will bring the person who died back to life and that you should move on.

By getting your lawyer to start settlement negotiations, you are most likely putting an end to the whole scenario. Only time will heal the wounds that you have and by getting done with the case, you can start your healing process.

Dealing with mental health

When something tragic like this happens, it is really hard for the people close to the diseased person to be without stress. This is something normal, but you need to make sure that you and your family are not overburdening yourself.

You need to know that the legal action that you are undertaking may not result in you completely being without pain but it can help to some extent. By getting justice for your loved one and yourselves, you may be able to mitigate the pain and suffering you are feeling.

We would sincerely advise you that you also look for a therapist to help you deal with what is happening. You may feel fine now but you never know what is bubbling underneath the surface. By taking action before it all comes out, you will be better prepared to deal with it.

Wrongful death cases are very devastating and can ruin people’s lives, but thankfully, the law is there to help those who stay and must fight for justice for their loved ones.

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