How does a wrongful death lawsuit work in a plane crash case?
A wrongful death lawsuit is a civil action brought by family members of someone killed in a plane crash in California, which is a tort lawsuit based on claims of negligence or recklessness. In a wrongful death lawsuit, the family seeking damages must prove that the death was caused by the negligence or recklessness of the defendant or defendant’s agent, and that the family has thereby suffered damages. In the case of a plane crash, the defendant is usually the aircraft manufacturer, the airline, or an airport. In California, the wrongful death lawsuit must be filed by a personal representative of the deceased. This individual must file a complaint—a document in which the plaintiff outlines their claims—with the superior court in the county where the death occurred. The complaint must include the names of the deceased, the defendant or defendants, the facts of the case, and the damages the family seeks. The lawsuit then proceeds in the same manner as any other civil lawsuit. Discovery will take place, which is the process in which each side can investigate the case and obtain evidence from the other side. The parties may then attempt to reach a settlement, or the plaintiff’s case will be presented to a jury to decide whether the defendant is liable. If the jury finds the defendant liable, the jury will then determine the amount of damages the plaintiff is entitled to receive.
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