Wrongful Death

In California, wrongful death refers to a death that is caused by the wrongful act, neglect, or default of another person or entity. It is essentially a civil claim brought by the surviving family members or representatives of the deceased person seeking compensation for the damages caused by the death.

The purpose of the claim is to provide financial support to the surviving family members who are left with expenses related to the death, such as funeral costs, medical bills, and lost income. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, construction accidents, and other accidents caused by negligence or intentional harm. Here are some wrongful death facts:

• In 2019, there were 266,400 deaths in California, according to the Centers for Disease Control and Prevention (CDC).
• According to the CDC, the leading causes of death in California in 2019 were heart disease, cancer, and COVID-19.
• Wrongful deaths can occur in various situations, including car accidents, medical malpractice, workplace accidents, and nursing home abuse or neglect.
• In 2018, there were 19,715 deaths due to unintentional injuries in California, according to the California Department of Public Health.
• Motor vehicle accidents were the leading cause of unintentional injury deaths in California in 2018, with 3,606 fatalities, according to the California Office of Traffic Safety.
• In 2019, there were 972 pedestrian fatalities in California alone, according to the California Highway Patrol.
• Medical malpractice is another common cause of wrongful death, and in 2018, there were 314 medical malpractice payouts in California, totaling over $950 million, according to the National Practitioner Data Bank.
• Wrongful death claims in California can result in significant damages, with some cases resulting in multi-million dollar settlements or verdicts.
• Surviving family members who may be eligible to file a wrongful death claim in California include spouses, children, parents, and siblings.
• If you have lost a loved one due to wrongful death in California, it’s important to seek the guidance of an experienced attorney who can help you understand your legal rights and options. At LA Personal Injury Group, we have a team of experienced attorneys who are dedicated to helping clients seek justice and fair compensation for their losses.

Types of Wrongful Death

Here are some of the types of wrongful deaths that can occur:

Medical Malpractice

Medical malpractice is a serious issue that can have significant and long-lasting consequences for patients in California. It occurs when a healthcare provider, such as a doctor or nurse, provides care that falls below the standard expected of their profession, resulting in injury or harm to the patient.

Medical malpractice can take many forms, including misdiagnosis, surgical errors, medication errors, and failure to diagnose. In California, patients who have been harmed due to medical malpractice may have the right to file a legal claim for damages, which can include compensation for medical expenses, lost wages, and pain and suffering.

The implications of medical malpractice can be far-reaching and include both physical and emotional harm. Patients may suffer from prolonged recovery times, additional medical expenses, and a diminished quality of life. In severe cases, medical malpractice can result in permanent disability or even death.

If you or a loved one has suffered harm due to medical malpractice in California, it’s vital to seek the guidance of an experienced attorney who can help you understand your legal rights and options. A skilled attorney can review the details of your case, gather evidence, and work to hold the responsible parties accountable for their actions.

If you have been harmed due to medical malpractice, don’t wait to seek help. Contact LA Personal Injury Group today to schedule a free consultation with one of our experienced attorneys and learn more about how we can help you.

Car Accidents

Car accidents are a tragic reality in California, with thousands of people losing their lives or suffering serious injuries each year. When a car accident results in a wrongful death, it can have a devastating impact on the victim’s loved ones, who are left to deal with the emotional and financial aftermath.

A wrongful death occurs when a person dies due to the negligence or recklessness of another person or entity, such as a negligent driver. In California, surviving family members may have the right to file a wrongful death claim against the responsible party, seeking compensation for damages such as medical expenses, funeral costs, and loss of income and support.

To prove a wrongful death case in a car accident, the plaintiff must show that the defendant had a duty of care to the victim, breached that duty of care, and caused the victim’s death. For example, if a driver was texting while driving and caused a fatal car accident, the driver may be held liable for the victim’s wrongful death.

The charges for wrongful death in a car accident may include:

• Negligence – Occurs when a driver fails to act reasonably while driving, resulting in a fatal accident.
• Recklessness – Happens when a driver acts with willful disregard for the safety of others on the road, causing a fatal accident.
• Intentional Misconduct – When a driver intentionally causes a fatal accident.
• Product Liability – If the car involved in the accident had a manufacturing defect that contributed to the accident, the car’s manufacturer may be held liable for the wrongful death.

It is important for the surviving family members to contact an experienced personal injury attorney as soon as possible to discuss their legal options and seek compensation for their losses.

At LA Personal Injury Group, we understand the devastating impact a wrongful death can have on a family, and we are committed to helping our clients seek justice and fair compensation. Our team of experienced attorneys has a proven track record of success in handling wrongful death claims, and we are dedicated to fighting for our client’s rights and interests.

Trucking Accidents

In trucking accidents, wrongful death can occur due to the negligence of the truck driver or the trucking company. This can include driving while fatigued, distracted driving, driving under the influence of drugs or alcohol, speeding, or failing to maintain the truck properly. Wrongful death in trucking accidents can also occur due to defective or malfunctioning truck parts or equipment, such as faulty brakes or tires.

The family members of the victim of a wrongful death in a trucking accident may be able to file a wrongful death claim against the truck driver and/or the trucking company. Damages that may be recovered in a wrongful death claim can include compensation for medical expenses, funeral expenses, lost income, and loss of companionship.

Workplace Accidents

Workplace accidents can lead to wrongful death claims if an employee dies due to the negligence or unlawful conduct of their employer or a third party. Common workplace accidents that may result in wrongful death claims include:

• Falls from heights, such as from ladders, roofs, or scaffolding
• Electrocution or electrical burns
• Machinery or equipment accidents
• Exposure to toxic substances
• Car or truck accidents while on the job
• Construction accidents
• Workplace violence

If an employee is killed due to one of these accidents or another type of workplace accident, their family may be entitled to bring a wrongful death claim against their employer or a third party. These claims may provide compensation for the loss of the employee’s income and support, as well as for their pain and suffering and funeral expenses.

Defective Products

Defective products and wrongful death can be intertwined when a product malfunction or failure leads to a fatal accident or incident. In such cases, the manufacturer, distributor, or seller of the product can be held liable for the victim’s wrongful death.

Examples of defective products that can lead to wrongful death claims:

• Defective medical devices – Malfunctions in implants, pacemakers, and defibrillators can cause fatal injuries or complications.
• Defective automobiles – Faulty brakes, tires, or airbags can lead to fatal accidents.
• Defective machinery or equipment – Heavy machinery used in construction, manufacturing, or other industries can cause fatal injuries if defective or malfunctioning.
• Defective consumer products – Items such as toys, appliances, and electronics can be hazardous if defectively designed or manufactured.

The charges for wrongful death in such cases can depend on the circumstances of the incident and the parties involved. The deceased’s family may be able to file a wrongful death lawsuit to seek compensation for damages such as funeral expenses, lost income, and loss of companionship.

Nursing Home Abuse or Neglect

Nursing home abuse or neglect can result in a wrongful death claim if the neglect or abuse directly leads to the resident’s death. Common examples of nursing home neglect or abuse that can lead to a wrongful death claim include:

• Failure to properly monitor or treat medical conditions
• Dehydration or malnutrition
• Medication errors
• Falls and other accidents
• Physical or emotional abuse by staff or other residents
• Neglect of basic hygiene and personal care
• Failure to prevent or properly treat infections

If a loved one dies due to nursing home abuse or neglect, the family may be able to file a wrongful death lawsuit to hold the facility and its staff accountable and seek compensation for damages such as funeral expenses, medical bills, and pain and suffering.

Premises Liability

Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their premises for visitors and guests. If a property owner is negligent in maintaining safe conditions, and a person is killed, the surviving family members may have grounds for a wrongful death claim.

Examples of premises liability cases that could result in a wrongful death claim include:

• Slip and fall accidents due to unsafe conditions, such as wet floors, uneven surfaces, or inadequate lighting
• Dog attacks on the property that lead to fatal injuries
• Accidents caused by dangerous or defective elevators, escalators, or other machinery
• Accidents due to inadequate security measures, such as assaults or robberies, resulting in death

Criminal Acts

Wrongful death can also occur due to criminal acts like murder, manslaughter, or assault. In these cases, the perpetrator may face criminal charges and be subject to imprisonment or other penalties. However, the surviving family members of the victim may also be entitled to file a wrongful death lawsuit against the responsible party for losing their loved one. Criminal acts leading to wrongful death cases are often intentional, but they can also be the result of negligence or recklessness.

Possible Consequences of Wrongful Death

Wrongful death is a devastating event that can leave family members suffering from emotional and financial consequences. If you have lost a loved one due to another party’s negligent or reckless actions, it’s essential to understand the potential effects of wrongful death in California. Here are some of the potential consequences of wrongful death in California:

• Financial Losses – Losing a loved one can result in significant financial burdens, such as medical expenses, funeral costs, and loss of income and support. In a wrongful death claim, surviving family members may be able to seek compensation for these losses.
• Emotional Trauma – Losing a loved one due to another party’s negligence can be a traumatic event, causing emotional distress and pain that can last for years. Surviving family members may be able to seek compensation for their emotional suffering in a wrongful death claim.
• Impact on Children – Children who lose a parent due to wrongful death may experience significant emotional trauma and struggle with their mental health and well-being. In a wrongful death claim, surviving children may be able to seek compensation for their loss and its impact on their lives.
• Loss of Companionship – Losing a loved one can significantly impact companionship and support, leaving surviving family members feeling isolated and alone. In a wrongful death claim, family members may be able to seek compensation for this loss.
• Punitive Damages – In some cases, a court may award punitive damages in a wrongful death claim. These damages are intended to punish the responsible party for their actions and deter similar behavior in the future.

If you have lost a loved one due to wrongful death in California, it’s vital to seek the guidance of an experienced attorney who can help you understand your legal rights and options. At LA Personal Injury Group, we have a team of dedicated attorneys committed to helping clients seek justice and fair compensation for their losses. Contact us today to schedule a free consultation and learn more about how we can assist you.

Call LA Personal Injury Group Today

Wrongful death is a devastating event that can leave surviving family members reeling from emotional and financial consequences. If you have lost a loved one due to another party’s negligence or reckless actions, it’s important to seek the guidance of an experienced attorney who can help you understand your legal rights and options.

At LA Personal Injury Group, our experienced attorneys are dedicated to helping clients seek justice and fair compensation for their losses. We understand the complex nature of wrongful death cases and work tirelessly to build strong cases for our clients. We offer free consultations to help you understand your options and determine the best course of action for your case.

Our attorneys have a proven track record of successfully handling wrongful death claims, and we are committed to fighting for our clients’ rights and interests. While no amount of compensation can bring back a loved one, holding the responsible parties accountable for their actions can help provide a sense of closure and justice.

If you have lost a loved one due to wrongful death in California, don’t wait to seek help. Contact LA Personal Injury Group today to schedule your free consultation and learn more about how we can help you seek justice and fair compensation for your losses. We are here to help you every step of the way.

FAQs About Wrongful Death in California

1. Who can file a wrongful death claim in California?
In California, the deceased person’s surviving spouse, domestic partner, children, or other dependents (such as stepchildren or parents) may be eligible to file a wrongful death claim. If no direct relatives exist, other heirs may be able to pursue a claim.

2. What types of damages can be recovered in a wrongful death case?
Compensation in a wrongful death case may include medical expenses, funeral and burial costs, lost income and financial support, loss of companionship, emotional distress, and in some cases, punitive damages if the defendant’s actions were particularly reckless or intentional.

3. How long do I have to file a wrongful death lawsuit in California?
In California, the statute of limitations for filing a wrongful death claim is two years from the date of death. If the death was caused by medical malpractice, the timeline may differ. It’s crucial to consult an attorney as soon as possible to protect your rights.

4. Can I file a wrongful death lawsuit if criminal charges are also being pursued?
Yes, a wrongful death claim is a civil case and can be pursued separately from any criminal charges against the responsible party. Even if the defendant is not convicted in a criminal court, you may still have a valid wrongful death claim in civil court.

5. Do I need a lawyer to file a wrongful death claim?
While it’s possible to file a claim without an attorney, wrongful death cases can be legally complex. A lawyer can help gather evidence, negotiate with insurance companies, and fight for maximum compensation to ensure you and your family receive justice.