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Establishing liability in a wrongful death law suit or survival action typically invovles showing that there was an injury, that the person being sued caused the injury or was a substantial factor in causing the injury or death, and that the injury or wrongful death resulted in specified recoverable damages.
This in mind, a defendant may have certain defenses that he, she or it may assert against a plaintiff in a law suit for wrongful death or survival. They are: assumption of risk, contributory negligence, arbitration, etc.. Additionally, in California, all plaintiffs, are generally required to join in one law suit, unless the defendant has waived said requirement by its conduct.
Lastly, liability is best established early on, which allows counsel to focus on developing evidence that will go to the heart of the case- damages. Should you be in need of a law firm to represent you in a wrongful death action or survival action, then call Masonlawyers at (310) 860-7798, or email us by clicking here.
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