Examples of Wrongful Death Cases
As morbid as it may sound to say, every living person today must, at some point, face death; it is the natural course of life. However, death should be natural, occurring as a result of old age, not because of a preventable accident.
When the death of a person occurs because of the wrongful actions of another party, the surviving family members of the deceased may maintain the right to bring forth a wrongful death action for damages.
What Is a Wrongful Death Action?
A wrongful death claim is a type of civil lawsuit that is filed by the spouse, domestic partner, child, or personal representative of a person who is killed due to the negligence or wrongful act of another party. This type of civil action seeks to collect monetary damages for losses suffered by the decedent’s estate and the surviving family members, such as funeral and medical expenses, the value of household services, and lost income.
Examples of Wrongful Death Cases
A wrongful death suit may be appropriate following a variety of accident types. Some of the most common examples of wrongful death cases that our California wrongful death lawyers have seen include:
- Car accidents. Motor vehicle accidents are a leading cause of death in California. To be sure, the Insurance Institute for Highway Safety reports that in 2017 alone, there were more than 3,600 motor vehicle-accident related deaths in the state. When a motor vehicle accident is caused by the negligence of a driver or another third party (such as a vehicle manufacturer), the responsible party can be held liable for damages.
- Bicycle, pedestrian, and motorcycle accidents. Those who walk, bike, or ride a motorcycle are at a severe risk of serious injury or death in the event that they are involved in a crash. In fact, over a seven-year period in California, there were nearly 1.7 million bicycle injuries, both fatal and nonfatal, recorded in the state.
- Medical malpractice. Doctors have a duty to treat patients with a high standard of care. Unfortunately, however, this is not always the case. In fact, medical malpractice is a leading cause of death in the United States. When a healthcare professional breaches the standard of care owed to a patient through a medication error, surgical error, treatment error, diagnosis error, or another error and that patient dies, family should think seriously about bringing a wrongful death claim based on medical malpractice.
- Workplace accidents. There were nearly 400 fatal occupational injuries reported in the state of California in 2017 alone. While the family members of workers who are injured on the job typically maintain the right to file a workers’ compensation claim for death benefits, in the event that a third-party’s negligence contributed to the accident that resulted in death, a third-party claim may also be pursued.
- Defective products. You may have an expectation that the products that you use on a daily basis are safe, but the truth is that there are millions of products recalled every year due to defects that render them dangerous. Defective vehicles, electronics, pharmaceuticals, furniture, children’s toys, airbags, and more can lead to death. If death is the result of a defective product, the product manufacturer--or/and perhaps anyone along the distribution chain--should be held liable.
- Dangerous premises-related accidents. Property owners throughout the state of California have a duty to maintain their premises in a reasonably safe condition, which may mean providing a reasonable degree of security, correcting any known hazards, or both. When death is a result of a dangerous condition on a property or the result of negligent security, the property owner can be named in a wrongful death action.
Call Our California Wrongful Death Lawyers to Learn More
If you are the loved one a family member who was killed due to the negligence of another party, you maintain the right to pursue damages via a wrongful death claim. As you start the process, remember that at the office of Starpoint Law, you will find a legal advocate who cares about you and the outcome of your case.
Proving liability in a wrongful death claim can be difficult. Our lawyers know what it takes to investigate your case, gather evidence, and hold the responsible party liable for your harm.
There are few things harder than losing a
loved one before their time. While nothing can undo what’s been done, filing a
wrongful death claim can provide a sense of justice, and may result in the
financial assistance and compensation your family needs and deserves. Please
contact us today to request your free consultation and learn more.