Posted By The Law Offices of Eugene G. Bruno, P.C. Posted in: Wrongful Death.
The death of a loved one is heartbreaking to anyone. It’s extremely unfair when their death is due to the reckless and negligent nature of another person. You may have the grounds to make a wrongful death claim. In order to bring this claim in San Diego, there are several things you must prove in the eyes of the law. You also must determine the financial support you have lost because of the untimely death of the deceased, which can be very complicated on its own.
In order for surviving members to bring on a claim for their deceased loved one, they must prove several key factors as defined in the law. They must prove negligence, causation, breach of duty, and damages. To bring a claim, the surviving members must prove that the death of their loved one was caused by carelessness of the defending party. The surviving members must also show how their negligence caused the death of the deceased. For example, if a person was drinking and driving and they hit the now deceased and caused them to die, this would be sufficient evidence in proving a wrongful death claim. The surviving members must also prove that the other party owed the deceased a duty. They must show how the duty existed and how the other party breached it. For example, doctor’s owe their patients a duty to maintain their health. If a doctor prescribed a patient the wrong medicine and it had a negative reaction to them and caused them to die, then the doctor has breached their duty of maintaining their patient’s health. For surviving members to bring a claim, they must show how the death of the deceased has brought on quantifiable damages. These damages can include medical costs, funeral costs, loss of income from the deceased, loss of inheritance, or pain and suffering.
Determining financial support loss from the deceased can be a very complex and complicated matter. A thorough examination must be made on the deceased employment history, education, their past earnings, their expected future earnings and any special training they may have taken. Putting monetary value on the deceased life expectancy is also a complicated issue. This will be done with the help of experts who will look at things such as their age, the activities they participated in, the amount of exercise they did, their personal health habits, their health as a whole, their lifestyle, and their past medical issues. The amount the surviving members receive in wrongful death claims vary by the deceased’s age, economic losses from the untimely death of the deceased, and the life expectancy of the deceased.
Experiencing the death of a loved one is emotionally tragic. They were here one day and gone the next. It’s incredibly frustrating when someone else’s negligent actions caused their death. You deserve to have some weight lifted off of your shoulders. It’s crucial that you get someone with experience, who truly knows how to get you the compensation you deserve after the wrongful death of your loved one. There are wrongful death attorneys in San Diego willing to fight for you. The Law Offices of Eugene G. Bruno, P.C. want to help you get the compensation you deserve for your loss. Schedule a no hassle consultation today using this contact form or call us at 619.956.9555 .