When an Oakland family is devastated by a death caused by another party's negligence, shock, sadness and anger may be a few of the emotions felt by family members. In this situation, it may be possible for survivors to seek damages from the responsible party in a wrongful death lawsuit. This blog post will provide some basic information on the legal elements and typical circumstances of a wrongful death case.
In order to prove a case of wrongful death in court, a plaintiff must prove four elements. They must prove that the death of a human being occurred. They must also prove that the death was caused by another party's negligence, with or without the intent to cause harm. Furthermore, surviving family members - the people who have standing to bring a wrongful death case - must suffer monetary injury as a result of the death. Finally, a personal representative must be appointed to represent the interests of the estate in the wrongful death suit.