The unexpected loss of a loved one is traumatic. San Francisco wrongful death attorneys often hear from people who are grieving and who wonder whether they have a reason to contact a wrongful death attorney. While it would be satisfying to be able to assign blame in all cases of unexpected death, that is simply not the case; some deaths are just tragedies. However, in many instances where a person has been killed, there is a wrongdoer responsible for the death. In those instances, the deceased’s survivors can bring a wrongful death claim, as long as the survivor can establish that they have experienced some type of harm that can be remedied through a financial damages award.
To establish a claim for wrongful death, you have to meet the same elements as a personal injury claim, but some of those elements will be on behalf of the deceased:
- Show that the defendant had a duty of care to the deceased;
- Show that the defendant breached the duty of care to the deceased;
- Show that the defendant’s breach resulted in the deceased’s death; and
- Show that the deceased’s death has resulted in damages, usually in the form of an economic injury, to the person bringing the lawsuit.
The most common reasons that people contact a wrongful death attorney are from deaths due to: automobile or truck accidents; medical malpractice; nursing home negligence; and defective products. However, wrongful death suits can also be appropriate when a defendant’s willful actions resulted in a death, such as when the defendant murdered the deceased. If the connection between a defendant’s unlawful or unreasonable actions and the deceased’s death are clear, a wrongful death action may be appropriate.
If you have any questions about whether you have a valid wrongful death claim, contact San Francisco wrongful death attorneys to schedule a consultation.
