Posted in Wrongful Death on December 1, 2021
Wrongful death claims arise in a variety of ways in the state of California. Anytime an individual loses their life due to the negligent or intentional actions of another individual or entity, the family members or estate of the deceased typically have the right to file a wrongful death claim in civil court with the help of a wrongful death lawyer. Here, we want to examine the most common ways that wrongful death cases arise in CA. We will also look at how a civil wrongful death claim could be affected by a criminal case associated with the same death.
How These Claims Arise in California
When examining the California Code of Civil Procedure 377.60, the code states wrongful death claims arise anytime a person loses their life as a result of the fault of another individual or entity. Wrongful death lawsuits are typically filed by the deceased individual’s next of kin or the personal representative of their estate.
Some of the most common ways that wrongful death claims arise in California include the following:
- Vehicle accidents. Vehicle accidents are a leading cause of death in America and throughout California. These incidents are often caused by the negligence of other drivers, including distracted driving, impaired driving, speeding, and operating with reckless disregard for others on the roadway.
- Medical malpractice. Researchers from Johns Hopkins University suggest that medical mistakes are the third leading cause of death in the US. Anytime a medical professional or medical facility fails to provide an accepted standard of care, patients could become injured, ill, or even die. Some of the most common types of medical malpractice include birth injuries, surgical errors, prescription medication errors, a failure to diagnose, or a misdiagnosis.
- Workplace accidents. More than 5,300 individuals died as a result of work-related injuries during the latest reporting year across the country, according to the Bureau of Labor Statistics (BLS). One out of every five worker fatalities occurred in the construction industry, but workplace deaths can occur in any job.
- Product liability claims. Product manufacturers have an obligation to ensure that consumers receive items that are safe to use or consume. Anytime there is a design flaw, manufacturing error, or an advertising error, individuals could become seriously injured as a result.
- Premises liability incidents. Property owners have a duty to ensure that their premises are safe for any person who has a right to be there. Anytime property owners know or should have known about a hazard on their premises and fail to take steps to remedy the issue, individuals could lose their life.
- Nursing home abuse. Nursing home abuse and neglect are prevalent throughout the state of California. Unfortunately, this often leads to fatalities for those inside these facilities. Nursing home abuse can include physical abuse, sexual abuse, and the neglect of basic needs of the residents.
If you have lost somebody that you love as a result of the careless or negligent actions of another individual or entity in the state of California, consider reaching out to an attorney immediately. A skilled personal injury lawyer can get involved and fully investigate every aspect of your claim and help you recover the closure and compensation you are entitled to for your loss.