A death is considered to be a wrongful death in California if it occurs because of the carelessness, negligence or malicious act of another person or entity. According to the laws of California, negligence will be considered as the lack of precaution to take reasonable care to prevent injury or harm to another person.
Wrongful death can occur due to many reasons. Some among them are medical malpractice, motor accidents, criminal activities etc. When wrongful death happens, the relatives of the deceased person have the right to file a lawsuit for recovering the losses incurred to them by the death of that person. The immediate family members or those who are depending on the deceased person for living can file the lawsuit.
Based on the wrongful death statute in California, the lawsuit for claiming money should be filed within two years after the death. If the claim is filed after two years, the person who files the claim will be denied of their right to recover money (some exceptions are available in certain special cases). Therefore, if you are planning to file a lawsuit for claiming money for the wrongful death of your loved one make sure to consult wrongful death lawyers as soon as possible.
As mentioned above, wrongful death can occur due to different reasons. It is important to know about these circumstances, otherwise, you may miss the opportunity to file a lawsuit for the recovering compensation for the death of your loved ones.
This is one of the wrongful death causes that occurs often in California. It happens when a doctor or hospital fails to give the necessary care for a patient. A health care provider should be able to provide reasonable care for their patients. However, if they do not provide a proper diagnosis, prescription and the right treatment, it can lead to wrongful death.
Medical sector is an important field where even minor errors can cause devastating results. If a doctor is not able to diagnose a disease or provide good treatment at the right time it may lead to severe health issues for the patients can also lead to death in extreme cases. A wrongful can also occur due to anesthesia or surgical errors. Other common medical malpractices that often lead to a person’s death are:
- Birth injuries
- Defect of the medical equipment
- Wrong medication
- Neglect or abuse
- Delay in diagnosis
As medical practitioners are supposed to provide good treatment and care for their patients to save them from a fatal condition, the death caused because of their negligence will be hard to believe. People trust doctors and hospitals with their life, hence when their mistake leads to a person’s death it is a really serious issue. If the death of your loved one happened due to medical malpractice you can consult wrongful death lawyers for recovering money for the damages caused by their loss.
Motor vehicle accident is a common cause for wrongful deaths. The accident can occur due to the carelessness of the driver. Common causes of motor vehicle accidents are:
- Distracted driver
- Drunk driving or driving when impaired by drugs
- Over speeding
- Violation of traffic rules
- Unsafe weather conditions
- Driver fatigue or any other medical conditions
A driver is expected to take reasonable care to ensure the safety of other people on the road. When the driver fails to take enough care, it can lead to accidents that may cause some serious damages for those are involved in it. If the injuries caused are very serious, it can even lead to death.
Airplane accidents also fall under the wrongful death category. An airplane crash can lead to a large number of deaths. It can occur because of the pilot’s negligence or because of the poor design or defective parts of airplane. An airplane crash can also happen due to bad weather conditions.
Filing a lawsuit for wrongful death caused by such accidents are more complex than other accidents, as there will be different aspects and liable parties to consider. Therefore, it is important to consult good wrongful death lawyers for filing a lawsuit associated with airplane accidents.
Usually, the family members of the victims can sue the airline company for accidents. If the cause of the crash is the pilot’s negligence, you can also sue the pilot along with the airline company (for showing negligence in hiring, and providing training and supervision for the pilot).
The employers are ought to provide a safe working place for their employees. If the work environment is hazardous it can be dangerous and life-threatening for the workers. Therefore, employers should ensure the proper working of machines and other related equipment and should provide training for employees about the proper use of machines and avoiding hazardous conditions. Other workplace accidents include exposure to harmful chemicals, falling of debris, lack of safety measures, etc.