To sue someone for wrongful death, an eligible family member or personal representative needs to establish that another party’s wrongful act, negligence, or default caused their loved one’s death. From there, they must file a civil claim within the applicable legal deadline.
If you lost someone you love due to someone else’s actions, you shouldn’t have to figure out how to handle your wrongful death claim by yourself. Instead, contact a Newport Beach wrongful death lawyer at Sweet James for legal help with your case.
How Do You Sue Someone After a Fatal Car Accident?
A fatal car accident can provide grounds for a wrongful death lawsuit when another person’s negligent or wrongful conduct caused the death. The first step is usually determining how the crash happened, which often requires an attorney to review this information:
- The police report
- Photographs
- Vehicle damage
- Witness statements
- Traffic-camera footage
- Surveillance video
- Cellphone evidence
- Other available information
The other driver’s insurance company may already be investigating the collision. That investigation is designed to protect the insurer’s interests, not necessarily your family’s.
A wrongful death lawyer at Sweet James can conduct an independent investigation and determine whether the driver, vehicle owner, employer, manufacturer, or another party may have legal responsibility. Traffic laws can also be important.
Evidence that a driver violated a traffic rule may help establish what happened, although a traffic violation does not automatically resolve every question of civil liability.
What Does It Mean to Sue for Wrongful Death?
A wrongful death lawsuit is a civil claim brought when a person’s death was caused by another person’s wrongful act, neglect, or default. It also identifies the people who may be entitled to bring these claims.
Depending on the circumstances, these are people who could potentially be eligible to pursue a wrongful death claim:
- Certain surviving spouses
- Domestic partners
- Children
- Other individuals identified by the statute
The phrase “sue someone” can make the process sound more straightforward than it actually is. You generally cannot simply decide that someone is responsible and file a lawsuit without establishing a legal basis for the claim.
Your attorney from Sweet James needs to determine who may be legally responsible, what caused the death, what evidence supports the claim, and whether the person bringing the lawsuit has the legal right to do so. That investigation is an important first step.
What Grounds Can Support a Wrongful Death Lawsuit?
Several circumstances can support a wrongful death claim, and the underlying legal theory depends on what happened. Let’s take a look at situations that often result in wrongful death claims:
- A negligent driver causes a fatal collision.
- A commercial truck driver or trucking company causes a deadly crash.
- A healthcare provider’s negligence contributes to a patient’s death.
- A defective or dangerous product causes a fatal injury.
- A dangerous condition on property causes someone’s death.
- A third party’s negligence contributes to a workplace death.
- An intentional act causes a person’s death.
The fact that a death occurred in one of these circumstances does not automatically prove liability. Your wrongful death attorney from Sweet James will need to investigate what happened and determine whether the evidence supports a claim against the potentially responsible party.
How Do You Prove a Wrongful Death Case?
The evidence needed depends on the circumstances, but a wrongful death lawsuit generally requires evidence connecting the defendant’s conduct to the death. Here’s what this often includes in a negligence case:
- Showing that the defendant owed a duty of care
- Proving that they failed to act reasonably
- Using evidence to support the claim that they caused the fatal injury
Consider a fatal car accident. Your lawyer may need to determine whether the driver was speeding, distracted, impaired, failing to yield, or otherwise violating a legal duty. A different type of case may require different evidence. A medical negligence case could require medical records and testimony from qualified professionals.
A premises liability case might require evidence showing that the property owner knew or should have known about a dangerous condition. This is one reason your wrongful death lawyer from Sweet James will always offer services tailored to individual cases. We know that there is no single blueprint that will work for every situation.
What Evidence is Important in Cases Like This?
You do not need to build your entire case yourself. Still, preserving documents and information you already have can help your attorney investigate. Depending on the circumstances, useful materials can include the following information:
- Police or accident reports
- Photographs and videos
- Medical records
- Coroner or autopsy records
- Insurance correspondence
- Employment and income records
- Funeral and burial expenses
- Witness information
- Text messages or emails
- Product information
- Property records
- Maintenance records
- Surveillance footage
Do not worry if you do not have everything. Your attorney from Sweet James can help identify additional evidence and determine how to obtain it.
To Learn How to Sue Someone for Wrongful Death, Call Sweet James Today
At Sweet James, our attorneys understand how insurance companies evaluate and defend personal injury cases. Before founding the firm, James Bergener himself represented insurance carriers in both personal injury and workers’ compensation matters.
His experience has granted us unique insight into the strategies that insurance companies often follow when evaluating claims. This helps us handle situations where insurers dispute liability, question your family’s losses, or try to minimize the value of your claim.
Home to an Experienced Trial Team Ready to Fight For You, we provide Personalized Service Focused on You. As part of The Sweet James Advantage, you’ll Pay No Fees or Costs Until We Win. Contact us today for help from Real Lawyers. Real Results.
