The Burden of Proof and How Wrongful Death Lawyers Can Help You Win

1. April 12, 2017 The Burden of Proof and How Wrongful Death Lawyers Can Help You Win Image 1: Wrongful Death Lawyers Can Help You Prove These In Any Damage Lawsuit Tragedy can strike anytime. And when it does, the death of a loved one is the most devastating thing that can happen. Such a loss is especially harder to accept when the death is a result of an accident in the workplace. 1

2. Across America, unintentional deaths are more common than you may realize. In fact, the Centers for Disease Control and Prevention said that over 31 million people end up in a hospital's emergency room as a result of unintentional injuries. Moreover, unintentional injuries ranked number four among top causes of death in the country. Accidents likes this can easily happen in any workplace and when it does, the harsh reality is that surviving family members have to pick up the pieces and try move on with their lives the best way possible. In cases like this, you may be able to file wrongful death claim. Filing a Wrongful Death Claim In California, a wrongful death claim may arise when a person's death is a result of negligence by another person or company. Surviving members are entitled to damages wherein surviving members of the family receive financial compensation for the loss of their loved ones. Just like any other claims, the burden of proof would fall on the side of the plaintiff. You need to be able to prove beyond reasonable doubt that your loved one had suffered a wrongful death. Here are some elements of the case that would require proof in a wrongful death claim in order to be able to receive proper compensation: Duty When it comes to a wrongful death lawsuit, you have to prove that your loved one's workplace was duty bound to take specific steps to keep your loved one safe while at work. You will also need to prove the relation of the defendant’s actions or inaction toyour loved one’s death. Breach Of Duty Aside from proving that the company your loved one worked for had a duty to keep him or her safe, you also have to prove a breach in their duty of due care. For example, they may have failed to fix a loose fixture on the wall. It could also be that the company's driver was not paying complete attention on the road while your loved one sat in the backseat. The goal here is to convince the jury that that your loved one's workplace had failed in their duty to keep him safe. 2

3. Always remember that in situations like this, you don't have to through your wrongful death claim alone. Instead, you can hire the counsel of Los Angeles wrongful death lawyers who know exactly how to present your case in court. This would also make the burden proof a lot more manageable to deal with. About D&Z Law Group: Our team at D&Z Law Group believes in making sure our clients don't have to worry about dealing with burden proof in wrongful death claims all by themselves. After all, we have the experience and expertise to confidently take the case to court so that you can receive damages for you and your family. Sources: Accidents or Unintentional Injuries, Centers for Disease Control and Prevention How to Prove Fault for a Wrongful Death Claim, AllLaw 3