When injuries occur as the result of an act of negligence, one of the most important questions to ask is who may be considered liable for the damages suffered. In wrongful death cases, these matters may be even more confusing for some individuals and it’s important to understand the potential responsible parties.
The parties who may be liable vary and are often similar to the responsible parties in personal injury cases. This means it’s important to have someone who can help you understand what to do next and who you may be taking legal action against. The circumstances help to determine the responsible individuals or entities.
Things You Must Consider
The biggest factor to consider when determining liability is the exact cause of the fatal injury. Causation is typically what shows who is liable and how they were negligent. For instance, if the death is caused by a car accident involving a drunk driver, the liable party is most likely the drunk driver.
When the death is caused by something like a defective product, the liable party is most likely the company who manufactured the product or the company selling the product. If a truck accident causes the death, the trucking company, truck driver, sub-haulers, maintenance facility, or others may be held liable.
Liability is difficult to prove on your own, especially when you are facing a large insurance company attempting to limit their policyholder’s liability and put cause on your lost loved one. Having legal action to determine causation can help in this manner.
Moving Forward After a Wrongful Death
Having skilled legal counsel can help you move forward after a wrongful death. It may not bring back your loved one, but it can be helpful in pursuing justice against the negligent party and seeking the compensation you deserve.
At Caputo & Van Der Walde, we take these matters very seriously. We know it’s difficult to go through a legal matter when you should be grieving. As such, we aim to handle all the legal complexities that come along with this type of case, so that you don’t have to.
You can count on our San Jose wrongful death attorneys to stand in your corner, advocating for your best interests every step of the way. We’re here for you when you need us most.