Wrongful death cases represent an extremely serious branch of law. Wrongful death can be proven when it is clear from a legal standpoint that someone has died as a direct result of the actions of another person. It is a form of personal injury case where the unfortunate facts in the case have ultimately led to death.
Who can Pursue a Wrongful Death Case?
The people with legal standing to pursue a wrongful death case are typically those who would be affected by the estate of the deceased. For example, family members and those mentioned in last wills can build a case.
What Must be Proven and by Whom?
The burden of proof is on those bringing the case before the judge. In other words, if a family member wants to pursue wrongful death in a legal manner, the burden of proof rests with the side representing that side.
The case will rest on how much it is cut and dry that a given individual directly caused the death. Can their actions be traced? Did they have a clearly delineated and direct impact during the events?
This means that wrongful death cases are quite an undertaking. There may be a considerable emotional toll on those seeking these kinds of cases. That is why a strong legal counsel willing to take on the case is highly important. For more information, contact The Law Offices of James E. Latimer in Oakland at 510-444-6555.