Causes of Wrongful Death Claims

cartwrightlaw - November 29, 2022 -

Losing a loved one is always a tragedy, but when their death is caused by the negligence of another person or entity, it can be especially difficult. If you find yourself in this situation, you may be wondering about your options.

Never hesitate to discuss your situation and legal rights with a compassionate wrongful death lawyer from The Cartwright Law Firm. We stand up for the rights of grieving families, and the following are only some causes of wrongful death that we might handle.

Motor Vehicle Accidents

Motor vehicle accidents are one of the leading causes of wrongful death in the United States. In a recent year, there were over six million car accidents in the country, resulting in nearly 35,000 fatalities. That averages out to about 96 deaths every day.

Several factors may contribute to a car accident in places like Discovery Bay, but some of the most common include distracted driving, drunk driving, and speeding.

Distracted Driving

Distracted driving is any activity that takes a driver’s attention away from the road, such as talking on the phone, texting, or eating. Even rubbernecking can count as a form of distracted driving.

Drunk Driving

Drunk driving or driving under the influence is self-explanatory – it refers to operating a vehicle while under the influence of alcohol or drugs. For instance, a driver who is under the influence may veer off the road, side swipe another vehicle, or drive down a wrong-way street.

Speeding

And finally, speeding is when a driver exceeds the posted speed limit or drives too fast for the road or weather conditions (e.g., rain, snow, or ice). For example, during heavy rain, a person traveling too fast may not see the other driver ahead of him. If this happens, they may not have enough time to stop.

All of the above factors can lead to serious accidents that often result in death. If you have lost a loved one in a car accident that was caused by another driver’s negligence, you may be able to file a wrongful death claim. A personal injury attorney in a community like Santa Rosa can give your details about the filing process in California.

Workplace Accidents

Wrongful death claims can arise from a number of different circumstances. Whether it’s a construction worker who falls from a scaffold or a factory worker who is crushed by a piece of machinery, most of the events have to do with safety.

If you have lost a loved one in a workplace accident, you may be wondering if you have grounds for a wrongful death lawsuit.

The first step of the process is to determine whether the death was caused by someone else’s negligence. For example, to prove negligence, you need to show that the other party failed to provide adequate safety precautions, which led to the accident.

Maybe your loved one was killed at a construction site. If that is the case, you typically need to show that the company neglected to provide proper safety equipment or training. Because of this oversight, your loved one was severely injured and killed, which led to a burden financially.

Defective Product Claims

Different types of defective products can lead to wrongful death as well. Some common examples include:

Defective automobiles or automotive parts
Defective child car seats
Faulty tires
Flammable clothing
Dangerous drugs or medical devices
Unsafe children’s products
Defective household products

If a defective product has caused the death of a loved one, you may be able to file a wrongful death claim against the party responsible for the design, manufacture, or sale of the product.

To learn more about your legal rights and options, contact an experienced wrongful death attorney in the San Francisco area.

Medical Malpractice

Medical malpractice is one of the leading causes of wrongful death claims in the United States. When a doctor or other medical professional makes a mistake that leads to a patient’s death, the surviving family members may be able to file for wrongful death.

Common Reasons for Medical Malpractice

Common reasons for medical malpractice may include the following:

Misdiagnosis or delayed diagnosis of a serious illness or injury
Failure to properly treat a serious illness or injury
Surgical errors
Anesthesia errors
Birth injuries

Have you lost a family member due to medical malpractice? If so, it is important to speak to an experienced wrongful death attorney in San Francisco. They can help you understand your legal rights and options.

Assault and Battery

Assault and battery is another reason for wrongful death claims in the U.S. According to the CDC, a little over 24,000 homicides related to assault happen each year.

No matter how it happens, assault and battery is always a traumatic experience for the victim. And if the victim dies as a result of the crime, their family may be able to file a wrongful death lawsuit.

This type of lawsuit is distinguished from a criminal complaint, as the assailant – or party being sued – does not have to be convicted.

While assault defines an act where a party causes another person to fear possible harm, battery is the act of physically hurting a person.

Gathering the Evidence for a Wrongful Death Claim

Once you have determined that negligence played a role in the death of your family member, you will need to gather evidence to support your claim. This evidence may include witness statements, photos of the accident scene, medical reports and bills, and expert testimony.

If you have any questions about whether you have a valid claim in Vacaville, for instance, you should speak with an experienced personal injury attorney.

The Statute of Limitations in California

In California, you have two years from a loved one’s passing to file a wrongful death claim. If you do not file your case within that period, you lose your right to receive compensation.

Damages for Wrongful Death Settlements

The settlement you receive from a wrongful death claim may include the following damages:

The medical costs incurred from the accident before the victim passed away
Lost earning capacity up to the victim’s expected retirement date
Loss of companionship
Pain and suffering
Funeral and burial expenses

Litigants may file a wrongful death lawsuit for one of several reasons. Some of the most common filings include those related to medical malpractice, auto accidents, accidents at work, and assault and battery.

Contact a Wrongful Death Attorney Right Away

If you believe your loved one’s death was the result of negligence, you need to speak to a wrongful death lawyer in San Francisco, Discovery Bay, Santa Rosa, or Vacaville right away. Contact the Cartwright Law Firm, Inc. for further details. Call (415) 851-6486 today.