November 23rd, 2020|
When a person is fatally injured because of someone else’s negligence, surviving family members might consider filing a wrongful death claim to get compensation for their losses. Because someone’s life was lost and a family is forced to deal with the consequences, so much is at stake in these claims.
Proceeding with a wrongful death claim requires plenty of evidence and proof. But what does it take to prove wrongful death?
Proving Wrongful Death: The 3 Basic Elements of a Wrongful Death Claim
To win a wrongful death case, claimants (those who file the claim) must first prove that certain elements exist. Those three elements are:
- Duty of care—This means that the party allegedly at fault for the death had a responsibility toward the safety of the deceased. If a wrongful death occurred in a car accident, then the duty of care was following traffic laws. If the death occurred in the workplace, the duty of care would be that of the employer to keep employees safe.
- A violation of that duty—If duty of care is established, the claimants must prove that the duty wasn’t carried out by the at-fault party. Using our car accident example, a driver might have breached the duty of care when they drove while intoxicated. For a workplace death, the employer might not have provided the appropriate safety equipment to their employee.
- That breach of duty caused the death—Finally, the claimants must prove that the violation of duty caused the death. For example, a driver collided into the deceased because they were intoxicated, or the employer’s failure to provide safety equipment caused the worker’s death.
The parties filing the wrongful death claim will then list the damages they’ve suffered because of their loss. In California, wrongful death actions can include damages such as the loss of love, companionship, comfort, care, protection, affection, and both emotional and financial support.
What Evidence Is Used to Prove Wrongful Death?
Wrongful death attorneys will often look for hard evidence to prove that the deceased’s passing was caused by the negligence of another party. For wrongful deaths in vehicle accidents, this could include:
- Obtaining the police report
- Interviewing witnesses of the crash
- Consulting experts about the potential causes of the crash
- Reviewing any available footage of the crash
The attorney will then use the evidence they’ve uncovered to link the breach of the allegedly at-fault party’s duty of care to the passing of the deceased.
In a workplace wrongful death case, an attorney might use similar strategies, including:
- Interviewing coworkers or other potential witnesses of the incident that led to the worker’s death
- Obtaining security camera footage of the incident
- Consulting experts to prove the negligence of the employer
- Reviewing other breaches of the employer’s duty of care to look for a pattern of negligence
We Represent Families of Wrongful Death Victims in California
At Berg Injury Lawyers, we have years of experience standing up for the rights of grieving family members. We know how complicated and delicate these cases can be, so we make sure our clients get the compassionate, dedicated legal service they deserve.
January 20th, 2020|
If your loved one died because of someone else’s negligence, it’s important to have a law firm on your side that is dedicated both to getting you maximum compensation and ensuring your needs are taken care of. Losing a loved one is one of the most difficult experiences in life, especially when the loss was preventable and due to carelessness or even corporate greed. That’s why simply getting compensation isn’t always enough.
At Berg Injury Lawyers, our California wrongful death attorneys know what you’re going through. When you contact us, it’s our job to treat you and your family members with compassion, care, and sensitivity. We’ll work hard to get you the money you deserve for medical bills, lost wages, pain and suffering, funeral expenses, and more, while also doing everything we can to honor your loved one’s memory.
Whether your loved one died as a result of a road accident, a workplace accident, medical malpractice, or any other preventable cause, we want to be your advocate. We know that insurance companies are often reluctant to pay surviving family members the money they’re owed after their losses, even when there’s plenty of evidence that shows victims weren’t at fault for their own accidents and injuries. That’s why we never give up, and we work hard to hold liable parties accountable for the damages they’ve caused.
Contact us today for a free consultation. You’ve gone through enough already—let us help you honor your loved one’s memory and get full compensation for your loss.
November 11th, 2019|
At Berg Injury Lawyers, it’s our goal to help people who have been injured because of other people’s or parties’ negligence. And while most of the claims we build are for people who suffered serious injuries, we also build claims for the surviving loved ones of victims of fatal accidents.
When someone dies as a result of others’ negligence, their family members can pursue compensation via a wrongful death claim—and it’s our job to provide them the legal representation they need.
There are many types of accidents and injuries that can result in wrongful deaths. However, our California wrongful death lawyers know that certain accident types are more likely to result in deaths than others, including:
- Auto accidents—Wrongful deaths can occur when drivers break the rules of the road. Whether they’re speeding, driving while impaired, driving while intoxicated, or running red lights, negligent drivers can cause serious and even fatal injuries to others.
- Motorcycle accidents—Motorcyclists are vulnerable on California’s roadways. Their only protection comes from their riding gear, and it’s not always enough to prevent serious injuries. When other drivers fail to look out for motorcyclists, they can cause fatal accidents.
- Truck accidents—The trucking industry is strictly regulated and governed in the U.S. The Federal Motor Carrier Safety Administration has its own bylaws that truck drivers, companies, and owners must abide by. When they fail to abide by those rules, fatal crashes can occur.
If your loved one was killed in an accident that wasn’t their fault, you may be eligible to get compensation for medical bills, lost wages, loss of companionship, and more. Contact us today for a free consultation.
September 2nd, 2019|
If you recently lost a loved one because of another person’s or party’s negligence, you’re not just grieving your family’s loss—you’re probably also worried about how you’ll keep your heads above water. The death of a loved one isn’t just a traumatic experience, but also one that can make it difficult for families financially due to lost income. And when they’re already facing medical bills and funeral costs, the expenses may simply be too much for surviving family members to bear.
You can file a wrongful death claim if your loved one’s death was preventable, but getting compensation isn’t easy. The responsible party’s insurance company will work hard to reduce or deny your claim, and if you don’t have experience in these types of lawsuits, you may be unable to fight back effectively. In addition, insurance companies are adept at finding ways to get claimants to jeopardize their own claims via lengthy and confusing paperwork, leading questions, and arbitrary time limits.
Having an experienced California wrongful death lawyer on your side can help you avoid these potential pitfalls. At Berg Injury Lawyers, we know the tactics insurance companies use to get out of paying surviving family members the money they deserve, and we’ll work hard to protect your claim and your rights to compensation. Contact us today for a free consultation to find out how we can help your family.
July 1st, 2019|
Losing a loved one is a traumatic and stressful experience. It can be difficult to cope with the demands of daily life when you’re grieving your loss, especially when your loved one was the primary income earner for your household.
The costs associated with the death of a family member can be enormous. You may be facing expensive medical bills and funeral costs, but your family’s income may be significantly reduced or even eliminated altogether. Filing a wrongful death claim if your loved one’s death was caused by someone else’s negligence can help you recover compensation, but it can be difficult to win over the insurance company on your own.
At Berg Injury Lawyers, our California wrongful death lawyers want to help. We know how challenging wrongful death claims can be, especially when you’re already dealing with emotional trauma and the shock of your loved one’s passing. You’re going through a difficult time already, and the last thing you need is to try and convince the insurance company that your family deserves compensation.
Our legal team can handle that on your behalf while you focus on honoring your loved one’s memory and moving forward with your life. We’ll collect evidence that proves the other party’s negligence caused your loved one’s death. Then, we’ll calculate how much money you’re owed. Finally, we’ll fight to get you every penny you deserve.
Contact us today for a free consultation. We’re ready to put our experience to work for you.
April 1st, 2019|
If you recently lost a loved one because of another person’s or party’s negligence, you may be eligible to pursue compensation for your family’s expenses, including medical bills and lost wages. However, wrongful death claims are often difficult to prove, and they require plenty of evidence and persistence. Getting a successful outcome is hard for many families, especially when they’re still grieving the loss of a loved one.
At Berg Injury Lawyers, our California wrongful death lawyers know what you’re going through. We have many years of experience building successful claims for families like yours, and it’s our goal to take some of the stress of this difficult time off your shoulders while you focus on moving forward with your life. When you choose us to handle your claim, we’ll take the following steps on your behalf:
- We’ll collect evidence that proves your loved one’s death was negligence-related—Whether your loved one suffered fatal injuries in an accident or suffered health problems due to medical malpractice or a defective product, we’ll collect evidence that definitively proves his or her cause of death was preventable.
- We’ll determine how much money you’re owed and fight to help you get it—You may be facing expensive medical bills and funeral costs that you can’t afford, especially if your loved one was the primary income earner in your household. We’ll calculate how much money you deserve, and then we’ll negotiate with the insurance company to get you every penny you’re owed.
Call us today for a free consultation. We’re ready to put our experience to work for your family.
December 3rd, 2018|
If you recently lost a loved one due to another person’s or party’s negligence, you may be eligible to file a claim for compensation. There are four types of compensation that surviving family members often receive at the conclusion of wrongful death claims:
- Medical bills—Whether your loved one suffered a preventable injury or developed a preventable illness, he or she may have required extensive medical treatment. Unfortunately, medical bills aren’t discharged when patients pass away, and that means you may be facing huge healthcare costs that you can’t afford without filing a compensation claim.
- Lost wages—If your loved one was a primary income earner for your household, his or her death may have devastating effects on your family’s finances. It can be difficult to afford day-to-day living expenses without his or her income, but a wrongful death claim can help you recoup some or all of that money.
- Funeral costs—Funerals are more expensive than ever, and trying to afford one when you’re already facing so many other expenses can be overwhelming. Wrongful death claims help provide relief for families who are worried that they might not be able to give their loved ones the funerals they deserve.
- Loss of consortium—Above all else, losing a loved one means losing a person you deeply cared about and who provided many types of support to you and the rest of your family. Wrongful death claims also take that loss into consideration when settlement claims are calculated.
March 26th, 2018|
At Berg Injury Lawyers, we know there are few events in life more devastating than losing a loved one. The loss can be even more difficult to process if it was caused by a preventable accident.
Our California wrongful death lawyers fight to help families and surviving spouses, children, and parents get compensation after a loved one dies due to someone else’s negligence. However, our years of experience handling these types of cases has made us aware that many families are unsure whether they have a wrongful death claim.
There are certain types of fatal accidents and scenarios that can be considered wrongful death, such as:
- Work-related accidents – If your loved one suffered fatal injuries at work due to a lack of training or safety equipment or a dangerous work environment, you may be eligible to file a claim for compensation.
- Car accidents – All drivers have a responsibility to drive safely and cautiously. When they fail to uphold that responsibility, they can seriously injure and even kill innocent people—and that can be grounds for victims’ families to file wrongful death claims.
- Medical malpractice – Doctors, surgeons, and other healthcare providers are supposed to help their patients get better. But sometimes, their carelessness and negligence results in serious injuries that can prove fatal. When that happens, families can pursue compensation for their losses.
Those are just a few examples of accidents and scenarios that can lead to wrongful death claims. If you lost a loved one due to another person’s or party’s negligence, we want to help. Call today for a free consultation.
December 18th, 2017|
At Berg Injury Lawyers, we handle a variety of accident and injury claims. And while many cases we take involve victims and their families dealing with difficult situations, wrongful death claims are some of the most painful and traumatic scenarios we see.
Losing a loved one is devastating. Not only is it emotionally painful, but it can also put your entire family in a financial bind, especially if your loved one was the primary income earner for your household. It can be even more difficult to cope with an unexpected loss when a loved one’s death was due to another person’s or party’s negligence.
Our California wrongful death lawyers are dedicated to helping surviving family members get the compensation they deserve after someone else’s carelessness led to fatal complications, accidents, or injuries to someone they love.
If we handle your wrongful death claim, you can count on us to:
- Determine who can be held responsible. Whether it was due to a medical mistake, an accident, or general misconduct, we’ll gather evidence that proves the other party’s liability.
- Calculate the damages. Medical bills, lost income, and funeral expenses are financial issues that many families face after they lose their loved ones. We’ll make sure the insurance company knows how the wrongful death has and will continue to affect you.
- Negotiate a fair settlement. We’ll review any and all settlement offers with you. It’s our goal to help you get maximum compensation.
If your loved one’s death was caused by someone else’s negligence, don’t wait to get our experienced legal team on your side. Contact us today for a free consultation. We’re here to help.
May 15th, 2017|
An untimely death to your loved one is one of the most jarring events you can go through, especially if that death could have been avoided or was caused by someone else’s negligence. The surviving family is left with more questions than answers, such as why did this happened and who is to blame? Those questions deserve answers, and at Berg Injury Lawyers, we want to help you get them.
Beyond bringing who is to blame to light are the questions that could impact the rest of your life, such as how will you and your family make it financially now that your loved one’s contributions are lost forever? The financial implications are often easy to overlook in your time of grief, which is why you need an experienced wrongful death attorney looking out for your best interests and your family’s future. Our attorneys will investigate the cause of your loved one’s death so you can begin to heal. We’ll also fight for the compensation you deserve so you can find peace of mind knowing you’ll be taken care of.
If you’ve lost a loved one due to someone else’s negligence, contact our San Francisco wrongful death attorneys today for a free consultation. We’re happy to answer any questions you might have at no cost. If we feel we can help, you won’t pay us anything unless we get money for you. Contact us today for your free consultation.