If you lost a loved one in a car accident caused by the careless behavior of another motorist in or around Los Angeles, you may have questions or concerns about your legal rights or whether there is some way to hold the negligent motorist accountable. You may even wonder if you have a viable wrongful death claim. The best way to determine if you have a viable wrongful death claim is to schedule a free, confidential case review with an experienced Los Angeles car accident lawyer such as Ramtin Sadighim, a leading personal injury lawyer. During the consultation, Mr. Sadighim will explain that there are certain legal elements that need to be met in order to prevail in a wrongful death case.
Required Legal Elements
The Loss of Life was the Proximate Result of Negligence
First and foremost, it must be shown that the death of your loved one was the proximate result of a carelessness action, inaction, or other form of negligence. This can be established if there is evidence that the other motorist was, for example, speeding when the wreck occurred, ran a red light, or did something else that was inappropriate or reckless while operating a vehicle.If an accident report was filed by local police, this can be a key piece of evidence in helping satisfy this legal requirement. Another important piece of evidence is eyewitness testimony.
Motorist Breached the of Duty Care
To have a viable wrongful death case, there needs to be sufficient evidence to show that the negligent motorist who caused the accident violated a duty of care. For example, motorists owe a duty of care to operate their vehicles in a reasonably safe manner. So, if the motorist who killed your loved one was intoxicated or texting and driving, this would be considered a breach of that duty of care.
Suffering as a Result of the Loss
Another required legal element is that you need to show how you have suffered harms and losses as a result of your loved one’s death. The types of relevant evidence typically includes the loss of income that the decedent would have earned, the expenses associated with medical treatment provided to the decedent before their death, the expenses for paying for the funeral, in addition to pain and suffering.
Speak to an Experienced Los Angeles Car Accident Lawyer Today
If you have lost a loved one in a car accident, first and foremost, please accept our deepest condolences. The highly experienced and reputable attorneys at The Law of Office of Ramtin Sadighim are here to help during this difficult period. Contact our office today at 888.999.2744 to schedule a free, confidential case review and to learn more please visit www.CaliAccidentAttorney.com.