Dealing With A Wrongful Death Claim

by | Jun 29, 2020 | Attorney

No one wants to think about losing a loved one. But what makes it even more difficult is to lose someone due to the negligence of another. A wrongful death claim in Long Beach is a legal action. It is filed as a civil action against an accused, who a spouse or family member feels is responsible for the death of a loved one, because of some sort of negligence on the part of the person being accused.

There was a time when surviving family members of the dead loved one had no legal recourse; but over time states started passing laws to protect the survivors. Today all states have laws on the books to protect families in the case of a death due to negligence or wrongdoing. The requirements to be able to file suit vary a little from state to state. But they are similar enough in that they are in place to cover a lot of different types of wrongful death situations that are a result of personal injury.

A wrongful death claim in Long Beach is brought before a civil court. Because you are in a civil court the burden of proof is a predominance of evidence. Because this is not a criminal case, reasonable doubt is not the criterion that has to be met. Due to this difference it makes it much easier for the family of a deceased loved one to get justice and monetary compensation for the death of their loved one.

When bringing a wrongful death claim in Long Beach it will fit into either a medical malpractice, defective drugs, products liability, or toxic exposure category. If the wrongful death suit fits the medical malpractice category it may further be broken down to medication errors, birth injuries, negligence, or surgical malpractice. These types of wrongful death suits are becoming more and more common. There are law firms that will try these cases exclusively. Wrongful death suits due to defective drugs are another area where there are a lot of lawsuits filed. This is because so many of the drugs today have side effects that can have life threatening complications.

A wrongful death lawsuit from products liability is due to a death that was caused directly as a result of a defective product. When you buy any new product look at the first few pages of the instruction manual, a lot of the warnings are there because of lawsuits. A toxic exposure wrongful death generally is caused by a long term exposure to harmful materials. To know more, contact Rawa Law Group APC.

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