Proving Negligence in a Wrongful Death Lawsuit
When a loved one dies due to someone else’s negligence, the resulting legal claim is known as a wrongful death claim. In California, these cases allow surviving family members and dependents to seek compensation for the financial, emotional, and practical losses caused by the death of their loved one. As difficult as it may be to pursue a legal claim at this time, doing so is the clearest pathway to justice and compensation for the harm caused. Unfortunately, the burden falls on the family members as plaintiffs in a lawsuit to prove how the death was caused by another party’s negligence.
Unlike simple personal injury claims, wrongful death lawsuits are complicated by the fact that the deceased is no longer alive to testify about the circumstances leading to the accident or injury. This limitation requires plaintiffs and their attorneys to rely heavily on other forms of evidence to establish liability. For help after the loss of a loved one due to another’s misconduct, contact the California wrongful death lawyers at Kalfayan Merjanian, LLP, for compassionate and dedicated representation.
Understanding Negligence in California
Negligence is a legal concept that means a person or entity failed to exercise reasonable care, resulting in harm to another. To prove negligence in a wrongful death case, plaintiffs generally must show four elements:
- Duty of Care – The defendant owed a duty to the deceased to act reasonably under the circumstances.
- Breach of Duty – The defendant failed to meet that duty through action or inaction.
- Causation – The breach directly caused the death.
- Damages – The plaintiffs suffered measurable losses as a result, such as lost financial support or services.
If this sounds legally complex, that’s because it is. These are legal claims that must be proven in court if a settlement can’t be reached with the negligent party or their insurance company. In California, wrongful death claims apply to a wide range of situations, including car accidents, workplace accidents, medical malpractice, slip and fall incidents, and defective products.
Challenges When the Deceased Cannot Testify
One of the key difficulties in wrongful death cases is that the person who suffered the injury and ultimately died cannot provide their own account of the events. This absence can make proving negligence more complicated because first-hand testimony about what happened, who was at fault, or what warnings were ignored is unavailable.
As a result, plaintiffs must often rely on other valuable evidence, such as:
- Witness testimony – People who observed the accident, such as bystanders, coworkers, or other drivers.
- Documentation – Police reports, medical records, maintenance logs, or incident reports that record facts about the accident or the condition of property or equipment.
- Physical evidence – Objects, photographs, or video recordings that demonstrate the dangerous condition, vehicle damage, or sequence of events.
- Expert testimony – Specialists who can reconstruct the accident, explain technical factors, or establish causation.
These forms of evidence help fill the gap left by the inability to question the deceased and are often essential to proving both fault and the resulting harm.
Common Types of Evidence in Wrongful Death Cases
Witness Statements
Eyewitness accounts can provide critical details about how the accident occurred. Even if the deceased could not testify, witnesses may describe unsafe conditions, reckless behavior, or other negligent actions that directly contributed to the death.
Surveillance and Video Evidence
Security cameras, traffic cameras, or cell phone footage can offer visual proof of the events leading to a death. In many wrongful death cases, video evidence is particularly persuasive because it allows juries to see the accident rather than relying solely on testimony.
Medical Records and Expert Opinions
Medical documentation not only confirms the cause of death but can also show how injuries were sustained. In many cases, expert testimony from physicians, forensic specialists, or accident reconstruction experts is necessary to explain complex medical or technical issues in terms that a jury can understand.
Documentation of Negligent Conditions
For cases involving premises liability, vehicle defects, or workplace safety, records like maintenance logs, inspection reports, or equipment manuals can help establish that the defendant failed to take reasonable precautions.
Causation and Connection
Proving negligence in a wrongful death case requires showing that the defendant’s breach of duty directly caused the death. Even if the circumstances are clear, insurance companies and defense attorneys often attempt to argue that the death was due to a pre-existing condition, an unforeseeable event, or the victim’s own actions.
Because the deceased cannot testify, establishing causation typically depends on expert opinions connecting the accident to the fatal injuries, medical and forensic evidence showing the chain of events, and witness accounts confirming the sequence of actions leading to the death.
Economic and Non-Economic Damages
Once negligence is established, California law allows surviving family members to recover both economic and non-economic damages. Economic damages include lost financial support, lost benefits, medical and funeral expenses, and loss of household services. Non-economic damages cover the loss of love, companionship, care, comfort, and guidance.
The strength of the evidence proving the harm directly impacts the amount of damages the court or jury may award. Strong documentation and expert testimony often lead to higher compensation, reflecting the full extent of the harm caused.
The Importance of Experienced Legal Representation
Because wrongful death cases are complex, working with a knowledgeable California attorney is essential. An experienced lawyer can:
- Investigate the accident thoroughly.
- Identify and preserve all forms of evidence, including witnesses, documents, and physical proof.
- Retain experts to reconstruct the accident and explain medical or technical issues.
- Handle communications with insurance companies to protect your rights.
- Represent your interests in settlement negotiations or in court.
Without legal guidance, it can be difficult to gather the necessary evidence and present a compelling case, especially when the deceased was not able to provide their own account.
Contact the California Trial Attorneys at Kalfayan Merjanian, LLP
Proving negligence in a California wrongful death lawsuit is often challenging, but it is far from impossible. Even without the testimony of the deceased, a combination of witness accounts, documentation, expert opinions, and physical evidence can establish liability. The attorneys at Kalfayan Merjanian, LLP, have extensive experience helping families pursue justice for the wrongful death of a loved one, ensuring that all available evidence is used to secure fair compensation.
If you have lost a loved one due to someone else’s negligence, contacting a skilled wrongful death attorney promptly is essential to protect your rights and preserve critical evidence. Contact us today for a no-cost, confidential consultation to find out how we can help.
