Wrongful Death Lawyer
Death is an inevitable part of life. However, in some cases, death should have been preventable, such as traffic accidents. If your family has lost a loved one because of the negligent or intentional actions of another person, you may be eligible to file a wrongful death lawsuit. Personal injury lawyers can review your case to determine if you and other members of your family could have the basis for a legal claim.
At Ellis Injury Law serving the City of Ontario and Los Angeles, we understand that it isn’t easy to deal with legal matters in the wake of a loved one’s death. Our Ontario wrongful death lawyers will handle the details for you so you can focus on caring for yourself and your family.
Understanding the legal concept of wrongful death
A wrongful death occurs when someone loses their life as a direct result of the negligence or wrongful actions of another person. For example, a wrongful death lawsuit may result from a fatal car accident or pedestrian accident in which the other driver was to blame. It can also arise from intentional action, such as an assault or homicide. A wrongful death lawyer may file a lawsuit regardless of whether the victim died immediately or eventually succumbed to injuries or illness later on.
The elements of wrongful death
When reviewing a possible case, a lawyer will look for the basic elements of wrongful death. They are as follows:
- A human being died.
- The death was caused by another person’s intent to harm or negligent actions.
- The surviving family members filing the lawsuit are directly affected by the decedent’s death (e.g. financial hardship)
When bringing a wrongful death lawsuit, the lawyer must be able to demonstrate that the following apply to the defendant:
- The defendant owed a duty of care to the decedent. For example, in a car accident case, the defendant would have had an obligation to follow traffic rules and drive safely to prevent accidents.
- The defendant breached the duty of care. For example, the lawyer may use evidence to demonstrate that a negligent driver failed to follow traffic rules, such as speeding or texting while driving.
- The breach of the duty of care directly led to the decedent’s death. It isn’t sufficient to prove that the defendant acted in a negligent or reckless manner. The lawyer must also prove that these actions directly caused the individual’s death.
Contact Ellis Injury Law to request a case review
Ellis Injury Law is a widely respected law firm serving families in the City of Ontario and Los Angeles. Our legal team has the in-depth knowledge and extensive resources necessary to thoroughly prepare wrongful death cases and pursue maximum compensation on behalf of our clients. You can meet with an Ontario personal injury attorney to discuss the possibility of filing a wrongful death lawsuit.
Consultations are always free and we never collect a fee unless we secure compensation for you. Schedule an initial appointment with our Ontario wrongful death attorney today.