The death of a loved one is a devastating loss. It’s more devastating when the loss is due to another’s actions or negligence.

You do have some recourse in the legal system. You may be able to file a wrongful death lawsuit to recover damages.

Keep reading to find out more about filing a wrongful death case in California.

Four Elements of a Wrongful Death Lawsuit

Wrongful death lawsuits are complicated. It’s up to you to be able to prove that there was a wrongful death. Attorneys and the court system look for four elements to determine if there was a wrongful death and you have a case.

Proof of Negligence: Negligence can be best described as recklessness. This can apply to a property owner ignoring a hazard on their property, a person drinking and driving, or a shipowner ignoring problems with a boat.

Proof of Breach of Duty: Breach of duty can apply to anyone, whether they are a driver or a doctor. A doctor has a duty to give the best medical care possible. A driver has a duty to the public to drive responsibly.

Proof of Causation: You need to be able to prove that the death was a direct result of the breach of duty or incident. For example, if a person didn’t drive while intoxicated, the accident would not have occurred.

Proof of Financial Harm or Damages: This is how a settlement amount will be determined. This includes lost income, potential earnings, and expenses as a result of the death.

The California Statute of Limitations

There are two main reasons why a wrongful death lawsuit is rejected. The first is that the four elements of a wrongful death suit aren’t present. The second is that the statute of limitations has passed.

You have two years from the date of the descendant’s death to file a case. That doesn’t mean can have until two years to contact an attorney. You need to contact an attorney as soon as possible to allow them sufficient time to research and file your case.

Next Steps in a Wrongful Death Case

If you find that your case is within the statute of limitations and the four elements are present in your case, your next step is to contact an attorney to proceed.

If you’re not sure if your case meets the requirements, it’s in your best interest to call a wrongful death attorney to discuss the specifics of your case. An experienced attorney will be able to tell you either way.

Gather Details and Documentation

It’s important to give an attorney all of the information and details of the case, such as police reports. That will help them make crucial decisions about your case.

You should have any receipts and documentation of expenses you incurred as a result of the wrongful death. These include medical bills, funeral expenses, and property losses or expenses.

You also should bring pay stubs or any other documentation to demonstrate loss of income due to the death.

Contact an Experienced Attorney Regarding Your Case

You need to make sure that you have the elements to prove a wrongful death lawsuit. You want to have an attorney go over the facts of your case.

Your first step in the process is to contact experienced attorneys in wrongful death lawsuits. Schedule a free consultation today and have our attorneys go over your case with you to help you make the best decision to move forward.