As criminal charges are pending in the Butte County Camp Fire case against PG&E, it is imperative to know that you may have a wrongful death claim regarding a loved one that lost their life in this tragic event. Although no amount of money can bring back your loved one, recovering compensation for the damages you sustained as a result of their death can help alleviate some of the financial burdens your family is facing.
It is important to know what type of evidence you will need in order for your wrongful death claim to be ruled in your favor. Our team at the Marlene Leiva Law Group will work by your side to compile a solid case that wins you the maximum compensation you deserve. Don’t delay; call now to schedule a free consultation.
What Do You Need To Prove In A Wrongful Death Claim?
In order for a wrongful death claim to be successful, claimants must prove four elements to be true:
- The defendant had a duty to provide ‘due care’
- The defendant breached their duty to provide ‘due care’
- The decedent lost their life as a result of the defendant’s breach of their duty to provide ‘due care’
- Damages were inflicted on the claimant as a result of the death that was caused by the defendant’s breach of duty to provide ‘due care’
Complexities Of A Wrongful Death Claim
Although a case may seem straightforward, there are endless legal arguments defendant’s present in order to deflect the blame off themselves. If your loved one’s death was a result of the defendant’s negligence, it is important that you can prove this beyond a reasonable double.
There are several forms of evidence claimants can use in order to craft a successful lawsuit. Some of the most important pieces of evidence include:
- Testimony from individuals that witnessed the incident
- Testimony of family members, friends, or coworkers of the decedent
- Expert testimony that can reconstruct the incident to show the cause of the death
- Medical providers to give expert testimony regarding medical treatments and the cause of death
- Documents to show funeral expenses, medical bills, wages and benefits, and other costs associated with the decedent’s death
Once you prove that the defendant is responsible for the death of your loved one, the next step is to determine the amount of damages that are recoverable. In addition to compensation for damages accrued, some judges award punitive damages as a way to punish the defendant for their negligent actions.
Contact A Wrongful Death Lawyer To Schedule A Consultation
The loss of a loved one is tragic in any case. What makes the situation even worse in the Camp Fire case is the amount of financial damages families are inflicted in on top of having lost their loved ones. Contact the Marlene Leiva Law Office today to schedule a consultation so we can help you file your wrongful death claim as soon as possible.