Santa Monica Wrongful Death Lawyer

Santa Monica Wrongful Death Attorney

Losing someone you love is always a painful experience, but it can become even more excruciating when it is due to someone else’s negligence or intentional misconduct. The emotional toll can be so overwhelming that you might struggle to handle everything that must be done. To assist, a Santa Monica wrongful death lawyer can hold the responsible parties accountable and secure the compensation you need.

At McLachlan Law, APC, we have a strong understanding of the effects that a wrongful death can have on a family. The emotional and financial impact can be stunning. It’s why our dedicated team begins working on our client’s cases right away. We can ensure that anyone who is responsible for their loved one’s death will be held accountable. Our proven record of success speaks for itself, showing how we stand by our clients throughout their cases.

How to Prove Negligence or Intent in a Wrongful Death Case

To successfully prove negligence or intent in a Santa Monica wrongful death case, there are a number of steps to carefully take with the aid of your attorney. Staying focused during this legal process can help maximize the amount of money that you can secure in the end.

Here is a breakdown of how a wrongful death claim in Santa Monica can unfold:

Duty of Care

The first step in any wrongful death claim is to establish that the deceased individual was owed a duty of care. This means that someone had a legal obligation to act in a certain way to another individual to keep them safe. For example, anyone who drives a vehicle shares a duty to drive safely and avoid causing a car accident. The same rule applies to healthcare professionals, who are obligated to provide a certain standard of care that keeps their patients safe and healthy.

Breach of Duty

After establishing that the deceased individual was owed a duty of care, the next step is to prove that this duty was breached. For example, if someone chooses to drive under the influence, this can be considered an act of breaching their duty, as it makes it more difficult to drive safely. The same can be applied to a doctor who failed to diagnose a condition correctly or prescribed the wrong medication.

Causation

A wrongful death case is not possible without causation. An attorney can link the defendant’s breach of duty directly to the death of the victim. Actual or proximate cause will need to be established, depending on the details of the case.

Actual cause is a straightforward cause-and-effect relationship, where a defendant’s actions directly led to the death. This is often seen in car accidents where a drunk driver’s actions cause them to lose control of their vehicle and kill another driver.

Proximate cause is more complicated, as it requires the court to consider if the death was a foreseeable result of the defendant’s actions. An example would be a doctor prescribing the wrong medicine when it is well-known in the medical community that the combination of that medication with the patient’s condition can cause adverse side effects.

Damages

After the duty, breach, and causation have all been established, you and your attorney must quantify the extent of the damages that resulted from all this. Economic damages are the most straightforward to gather, as these are easier to quantify. These can include the medical bills, funeral costs, and how much income will now be lost that certain family members may have been relying on.

In addition to quantifying economic losses, there are also non-economic damages to consider. While these are more subjective, the emotional and psychological impact of the victim’s death should not be overlooked. Surviving family members can request compensation for their pain and suffering or loss of consortium.

FAQs

Q: How Long Do You Have to File a Wrongful Death Claim in California?

A: Surviving family members of someone who has wrongfully passed away have two years from the date of death to start a wrongful death claim. Missing this deadline prevents a case from ever being heard in California, regardless of how compelling the evidence may be. To ensure that you don’t miss any important deadlines, consult a wrongful death lawyer as soon as you can to avoid losing your right to pursue compensation.

Q: What Is the Highest Wrongful Death Settlement?

A: The total cost of a wrongful death settlement is highly dependent on the circumstances of each case. The most influential factors in these cases include:

• How severe the negligence was
• The age and income of the individual who passed away
• What type of impact the experience has had on surviving family members and friends

Hiring a wrongful death attorney can ensure that you are exploring every angle to maximize the total compensation awarded in your case.

Q: Can a Parent Sue for Wrongful Death in California?

A: Yes, parents have the right to sue for wrongful death in California when they have lost a child to someone else’s negligence or misconduct. This is mostly true in cases where a parent’s child was unmarried and never had any children. Both economic losses, like funeral expenses, and non-economic losses, like emotional pain and suffering, are losses for which the parent can pursue compensation in court. A Santa Monica wrongful death lawyer can assist with this claim.

Q: How Is Liability Determined in a Wrongful Death Case?

A: To successfully determine liability in a wrongful death case, you need to establish that the defendant’s actions can be directly linked to the death of the victim. This will require a combination of evidence, like surveillance footage and witness testimonials, to help build a strong case. Plaintiffs must not only prove that their loved one was owed a duty of care but that this duty had been breached and is linked to the reason why they died.

Contact McLachlan Law, APC Today

If someone in your family has recently passed away and you believe that someone else is at fault, connect with the wrongful death team at McLachlan Law, APC, today. For years, we have been helping families financially recover from these devastating experiences, and our firm would be honored to serve as a resource that helps you move forward. Contact us today to begin.