Wrongful Death Lawsuits in California
Families that have lost a loved one will always go through serious emotional pain and face financial challenges. The impact of knowing that the death of their loved one was caused by the negligence of another, however, causes even greater emotional anguish. If you have recently lost a loved one because of another’s careless actions or inactions, you should know that you may have the right to file a lawsuit against the negligent party. While there is nothing that will bring back the person you love, obtaining the financial restitution following the unexpected death of the person you lost can bring you some degree of justice.
Obtain the Legal Support You Deserve – Wrongful Death Claims
A horrible accident that has caused the sudden death of your loved one may cause you and your family immeasurable pain. Whether the defendant has been criminally prosecuted or not, the State of California allows a victim’s family the opportunity to seek financial compensation for pain and losses accrued as a result of another’s negligence through a wrongful death lawsuit. Although a monetary compensation will do little to ease emotional pain, it will help ease the burden of costs that result from the unexpected death.
The wrongful death attorneys at Schwartzberg & Luther, APC, believe that it is important to seek justice after a person has lost his or her life because of another’s negligence. The firm has many years of dedicated experience championing for the rights of families through successful wrongful death lawsuits. If you have lost a loved one in a wrongful death accident, seek proficient legal support today.
Different Types of Wrongful Death Cases in California
Nearly every type of fatal accident can result in a wrongful death claim. In order for your case to be viable, the accident that caused your loved one’s death must have been caused by another’s negligent actions.
The following are common types of incidents that could lead to a wrongful death lawsuit in the State of California:
Vehicular Accident – When the driver of another automobile, truck, or motorcycle acted in a reckless manner and this caused the death of another, the negligent driver could be held responsible for the sudden death. Common negligent actions could be:
- The failure to obey posted street signs,
- Driving under the influence of alcohol or drugs,
- Driving at excessive speeds,
- Driving erratically, and or
- Driving while fatigued or sleep deprived
Workplace Accident – Under certain circumstances, certain accidents can lead to a wrongful death case. For the most part, wrongful death accidents occur in the construction industry. Wrongful death accidents in the workplace could happen through the following:
- Slip and fall accidents,
- Exposure to harmful chemicals,
- Severe burns, and
- Other hazardous work environments
Defective Products – When a defective product has caused the death of a loved one, the product manufacturer, designer, retailer, or other distributor could be held accountable for the injuries that led to the person’s passing. Product manufacturers have a responsibility to ensure that the items they sell or provide are safe for people to use and product designers need to provide sufficient instructions and warnings on the use of the product. When these parties fail to abide by their reasonable duty of care, they could be held accountable for the injuries that lead to the victim’s death.
Medical Malpractice – All medical professionals have a duty to provide their patients the appropriate standard of care. A medical professional that has breached this duty and has ultimately caused the death of his or her patient can be held responsible for the wrongful death. The following incidents may ensue a medical malpractice case:
- Surgical error,
- Prescription error,
- Anesthesia error,
- The use of defective medical devices or equipment,
- Misdiagnoses, and
- Medical neglect
Premises Liability – When property owners, property managers or caretakers fail to maintain the safety standards of the property, they can be held accountable for the injury or death caused by their negligence. The following hazardous conditions may result in a wrongful death lawsuit:
- Trips and falls;
- Building collapse, including ceilings, porch railings, and porches;
- Animal attacks, including dog bites;
- Explosions or fires;
- Exposure to toxins, such as poisonous lead paint;
- Inadequate lighting;
- Insufficient security;
- Swimming pool accident;
- Any failure to maintain the property; and
- Building code violations
Eligible Wrongful Death Lawsuit Claimants in California
The State of California allows for certain individuals related to the victim the opportunity to file a wrongful death claim. This will depend on the circumstances of each individual case but could include the following:
- The victim’s surviving spouse or domestic partner,
- Children of the victim,
- The victim’s parents or siblings, or
- Financial dependents of the victim
After the Passing of a Loved One, File a Wrongful Death Lawsuit in California
When a person has passed away because of the negligence of another, the deceased’s family members have the opportunity to seek restitution by filing for a wrongful death lawsuit. California allows the victim’s survivors up to two years from the date of the passing to file a claim. If the claim is filed after the allowable time frame, it is likely the case will be dismissed even if there is strong evidence against the negligent party.
While filing a claim will not restore the emotional pain and anguish a family feels following the sudden loss of their loved one, it will help by covering costs associated with the death. This may include the following:
- Loss of companionship,
- Medical expenses,
- Funeral and burial costs, and
- The pain and suffering the victim endured before his or her passing
With the legal support of a knowledgeable attorney, it can be possible to determine the amount of just compensation owed.
The wrongful death attorneys at Schwartzberg & Luther, APC are proficient in representing families obtain the financial restitution they deserve following the unexpected loss of a loved one. Filing a wrongful death claim is a complex and time consuming matter and in order to build a strong case, it is critical to seek the legal support of a skilled team of attorneys. If you have lost a loved one because of the negligence of another, hire proficient legal support today