The death of a loved one is never easy, whether it was anticipated or not. Not only is it emotionally taxing, but there are other logistics that must be worked out, such as settling their estate. If your loved one died as a result of a violent act, it could be even more shocking and upsetting than if they had died by means of an accident or natural causes. Although the perpetrator of the violent act will face criminal prosecution for their violent acts and causing a death, you and your family have the right to pursue a civil legal action. You can pursue your options for filing a wrongful death lawsuit by contacting experienced Santa Ana wrongful death lawyers.
Many circumstances can lead up to the basis for a wrongful death claim, such as a car accident or a defective product. A California criminal court will prosecute intentional acts of violence such as assault and battery, rape, or other types of criminal acts that cause death. No matter the criminal outcome or status of the case, family members and other individuals have the right to file a civil wrongful death claim. Criminal and civil cases are kept separate. One could be found guilty in criminal court but not liable in civil court and vice versa, as in the case of The People of the State of California v. Orenthal James Simpson. However, the outcome of one might influence the outcome of the other. Santa Ana wrongful death attorneys can help you build a claim against the person or parties that caused your loved one’s death through an act of violence.
The plaintiff always has the burden of proof in a wrongful death case. They must prove that the defendant is the party at fault for causing the death. Meeting this burden of proof involves showing that the defendant’s actions were one of the following:
When an act of violence gives rise to a wrongful death lawsuit, the plaintiff and their Santa Ana wrongful death lawyers must show that the act was deliberate and intentional.
To learn more about how wrongful death claims are handled in California, it is imperative that you speak to a knowledgeable attorney. Only specific individuals are eligible to file a wrongful death lawsuit for the decedent, and you have a limited amount of time to exercise your legal rights. Receive your free case consultation from experienced Santa Ana wrongful death attorneys by calling Hess & Nghiem today at (657) 333-5726 or connect with us online.
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