The Butte County Camp Fire was a tragic event that resulted in the loss of thousands of acres of lands, structures, and several lives. The state of California is now considering criminal charges against PG&E due to their faulty equipment and practices that contributed to this event. If you have lost a loved one, you may be able to file a wrongful death lawsuit in order to recover compensation for some of the damages you endured.
In order to file a successful lawsuit, it is imperative for you to prove fault in your case. You will benefit greatly by hiring a wrongful death attorney to work by your side in putting together your case. At the Marlene Leiva Law Group, we have over 30 years of experience helping California residents obtain the maximum amount of compensation they are entitled to.
What Is A Wrongful Death?
In California, certain individuals are able to file a wrongful death lawsuit against the party responsible for the death of their loved one. The action that resulted in the death must be careless, reckless, or negligent in nature.
In order for a claimant’s case to be successful, they must be able to prove the four elements of guilt.
Proving The Four Elements Of Wrongful Death
Evidence in the wrongful death case must be able to prove that the defendant had a duty to provide due care to the decedent. Although due care is not specifically defined, it is often implied to demonstrate the responsible party was supposed to refrain from acting in a way that could harm another person. For instance, PG&E workers were required to use safe and effective equipment that would not put individuals that relied on this equipment, or those who lived near the equipment, in harm’s way. Proving that the responsible party had this duty is crucial to being able to prove the second element.
After proof of duty is established, the case must then present evidence that proves that the responsible party breached their duty. For a Camp Fire lawsuit, an individual will need to prove that PG&E acted in a way that was careless, reckless, or negligent. Right now, PG&E is facing possible criminal charges after evidence was uncovered that demonstrated the utility company had not properly maintained their equipment. The claimant will need to convince the jury that the defendant is over 50% responsible for the death of their loved one.
Next, the claimant must be able to prove that the breach of the duty to provide due care caused the death of their loved one. It is imperative to prove that the negligent actions that breached PG&E’s duty to provide care is what caused the death to occur.
Finally, a claimant must prove that damages resulted from the death of their loved one. Damages often include medical bills, funeral costs, loss of wages and benefits, pain and suffering, and more.
A Wrongful Death Lawyer Can Help You
In order to prove a wrongful death claim, it is crucial for you to hire a reputable lawyer to work by your side. At Marlene Leiva Law Group, we help claimants collect evidence and put together exceptional cases every time. Contact us today to schedule a case evaluation so we can win the justice you deserve.