Wrongful death can have one of many causes. In California, auto accidents are one of the most common causes of wrongful death. Highly congested roads and highways and inattentive or careless drivers can easily cause an auto accident in the blink of an eye. Other leading causes are falls, poisoning, choking, and fires.
Wrongful death cases can fall into one of several areas of personal injury law, such as premises liability, medical malpractice or product liability. Auto and airplane accidents also qualify as personal injury claims.
Premises liability refers to an accident which occurs on another’s property due to the property owner’s negligence or intentional conduct. An example could be a ceiling cave-in because of rotting support beams. Wrongful death due to a premises liability can be brought to court as a claim against the property owner.
Medical malpractice occurs when a doctor, nurse or other medical professional fails to act in the proper or standard way in treating a patient by committing negligence or intentional conduct. An improperly performed surgery or misdiagnosis would classify as a medical malpractice. When death results from medical malpractice, the doctor or hospital can be held responsible in a wrongful death claim.
Product liability refers to an unsafe product due to improper design, instructions, testing or a manufacturing. Car brakes that malfunction due to improper design are an example of this. Wrongful death as a result of product liability can be brought against the designer or manufacturer of the faulty product.
Wrongful death claims can also be brought up against a person who willfully attacks another. Although this will often go to criminal court, the family can seek retribution through civil court as well where their chances of winning may be greater.
No matter the cause, wrongful death claims should be actively pursued and the person or persons responsible should be held responsible for their actions. Our attorneys can advise you on your options and can help you pursue justice.
Have you lost a loved one due to wrongful death? Contact our office today!