The Butte County Camp Fire incident was truly tragic. Numerous people lost their lives in what was truly a preventable incident. PG&E now faces criminal charges resulting from the blatant negligent practices they have implemented for years. Although there is no way to replace all of those who lost their lives in this event, families of those who died are able to recover compensation for damages.
When it comes to filing a wrongful death claim against the party responsible for the Camp Fire, it is important to know that your claim must meet the four elements of a wrongful death. Our lawyers at the Marlene Leiva Law Group can help you determine if you have enough evidence for a successful case.
The Elements Of A Wrongful Death Claim
In order for a wrongful death lawsuit to be in favor of a claimant, four specific elements must be proven. These include:
- Negligence: Each Camp Fire lawsuit must prove that the defending party performed negligently and that their loved one lost their life as a result of these reckless, careless, or negligent actions.
- Breach of duty: The claimant must be able to prove that the defendant in the wrongful death lawsuit had a duty to provide care to the deceased victim. Camp Fire cases must prove that PG&E had a particular responsibility to conduct their business in a way that was planned and carried out in a way that would not negatively impact the victim or anyone else. Further, as a result of PG&E’s failure to act appropriately, the decedent lost their life.
- Causation: In addition to proving that the defendant breached their duty to ensure a safe environment for the victim, the claimant must also prove that this breach directly caused the death of the decedent.
- Damages: The final element of a successful wrongful death case demonstrates that the death of the claimant’s loved one resulted in financial and emotional turmoil. This is often proven by showing records of medical bills, funeral expenses, loss of income and protection, and pain and suffering.
In order to prove each of these elements, a claimant must have adequate evidence and expert witness testimony to support it. Having a skilled attorney from the Marlene Leiva Law Group on your side will help you present all of the evidence necessary for winning your case.
Meeting The Burden Of Proof
Wrongful death cases are filed in civil court; therefore they have a lower burden of proof in comparison to criminal cases. Wrongful death cases often involve demands, mediations, settlement conferences, or jury trials.
Credibility and quality of evidence are crucial components in determining whether a claimant has a successful argument against the respondent. Selecting an attorney that can adequately meet the burden of proof will help you obtain the maximum compensation you are entitled to.
At the Marlene Leiva Law Group, we have over 30 years of experience helping clients present convincing evidence that wins the justice and compensation they deserve. Contact our law firm today to schedule a free consultation so we can get started on your case.