With time, the human heart and mind can overcome a tragic loss, but overcoming a tragic loss which is not fair, or not just, requires more than just time. This is the basis for California law which provides legal recourse based on the death of a loved one caused by a wrongful act or the negligence of another. Legal recourse for compensation can be sought under a wrongful death claim.

Under the wrongful death claim, survivors can receive compensation for pain and suffering, loss of future earnings, and the loss of companionship. Compensation can also defray the cost of a funeral, medical expenses, and other out-of-pocket expenses. While legal recourse can never compensate for the death of a loved one, it can protect those that the deceased loved from unjustified financial losses due to a wrongful act or negligence.

A wrongful death claim is pursued under civil law. Your lawyer constructs a proximate cause of death and meets a burden of proof. The burden of proof that must be established in a civil case is less than that which must be established in a criminal case. In a criminal case, “beyond reasonable doubt” is the standard. In a wrongful death claim the standard that must be met is defined as a “preponderance of evidence.” This means that the jury needs only to be convinced that it is more likely than not the defendant is guilt of negligence. How do we define this burden in numbers? Legal scholars define the phrase preponderance of evidence as being greater than 51%. The reasonable doubt burden is defined as at least 95%.

Proving a wrongful death claim requires an experienced personal injury lawyer with extensive knowledge of the law. Perfected skills in negotiation during pre-trial motions can help reduce the necessity of a wrongful death claim going to a jury. Averting court proceedings will eliminate the additional stress that would be placed on the bereaved in a legal system that can seem slow and frustrating. Remember, not just any lawyer will do in the battle for winning a wrongful death claim!