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When someone dies as a result of the negligence or intentional act of another, the family may be able to pursue a wrongful death claim. If you have lost a loved one in this way, it is crucial to speak with an experienced wrongful death attorney who can advise you of your legal rights and help you seek justice.
Learn more below about wrongful death in California, including the types of wrongful death lawsuits and successful case studies we have at Frantz Law Group.
Under California law, a “wrongful death” occurs when someone dies directly from another person or entity’s negligence or intentional act.
For an accidental death to be considered wrongful, it must result from someone’s actions, neglect, or failure to provide reasonable care when this person knows or has reason to know that their actions are likely to lead to accidental death.
Wrongful death can occur in several situations, including car accidents, construction site accidents, and medical malpractice cases.
In California, you must prove that the wrongful act was the direct cause of the accidental death, incurring actual damages. The deceased person’s family members or other dependents can then file a wrongful death lawsuit to seek financial compensation for their loss. This compensation may be in the form of monetary damages, such as medical bills, lost wages, and funeral expenses, or non-economic damages, such as emotional distress and pain and suffering.
To have a successful wrongful death case in California, you will typically need to work with an experienced law firm comprised of accidental death lawyers who can help guide you through the process and legal options to build a strong case for your claim.
Whether you have lost a loved one after an unexpected accident or are simply looking for legal advice relating to accidental deaths in California, know that there are experienced attorneys available who can help guide you through this difficult time.
Wrongful death laws in California are designed to protect the rights of families and loved ones when an accidental death occurs. Under these laws, family members can seek compensation for any financial or emotional losses they have suffered due to the wrongful death. This may include compensation for lost wages, medical bills, burial expenses, grief counseling, and other related expenses.
Additionally, wrongful death laws give families the right to file a lawsuit against any parties who may have contributed to the accidental death, including negligent drivers, manufacturers of defective products, or healthcare providers responsible for a patient’s unintentional death.
Suppose you have been affected by a wrongful death in California. In that case, consulting with an experienced accidental death lawyer is essential to ensure your rights and interests are fully protected.
Here are some types and examples of wrongful death lawsuits:
Abuse or Neglect: These lawsuits arise when a person dies due to physical or emotional abuse or when they are deprived of necessities such as food, water, or medical care. For example, someone abused by a parent, guardian, or caregiver may experience severe physical injuries, mental trauma, or malnutrition. In some cases, abuse or neglect can even lead to accidental death.
Accidental poisoning: This involves the accidental ingestion of toxic chemicals or hazardous substances. In most cases, accidental poisoning involves negligent actions on the defendant’s part, such as improperly labeling a dangerous chemical, selling harmful products without proper warning labels, or exposing the victim to fatal gas leaks, toxic mold, unsafe prescription drugs, and poisonous fumes from a faulty appliance.
Fatal car accidents: Despite continual advances in safety technology, fatal auto accidents happen on our roads and highways, often involving multiple victims, due to drivers failing to adhere to traffic laws or acting carelessly on the road. If you or someone you love has been involved in a motor vehicle accident that resulted in sudden death, you may be eligible to file a wrongful death lawsuit against the driver at fault.
Medical malpractice: This is when a healthcare provider makes an error in diagnosis, treatment, or care that results in severe injury or death. In medical malpractice cases, the patient may have died due to improper care or treatment by a doctor, nurse, hospital staff, or other healthcare providers. Accidental death lawyers need to examine medical records, consult expert witnesses, and consider potential evidence to make this determination.
Construction accidents: If an individual is killed in a workplace accident, their family may file a wrongful death lawsuit against the employer if their negligence caused the death. Construction accidental deaths typically happen due to negligence or substandard workmanship on the part of the construction company. For example, a scaffolding collapsed because of faulty support beams. In that case, the victims’ loved ones might decide to pursue a lawsuit against the construction company responsible for their loss.
Asbestos exposure: Accidental asbestos exposure can cause serious health problems, including lung cancer and mesothelioma. Examples might include an accidental death caused by a defective product or an accidental death caused by toxic exposure on the job.
Fatal workplace accidents: These types of lawsuits are brought forth when a person dies due to a negligent party or willful behavior in the workplace. For example, if a construction worker is killed in an accidental fall on the job site, his family may choose to pursue a wrongful death lawsuit against the construction company.
Bicycle or motor vehicle collisions: Bicycle or motor vehicle collisions can often result in wrongful death lawsuits. These types of accidents are usually the result of negligence on the part of one or more individuals, and they can have devastating consequences for the victims and their families. Whether you’re a cyclist who has been injured in a collision or the family of someone who has been killed in such an accident, it’s essential to enlist the help of an accidental death lawyer to ensure that your rights are protected.
Defective products: These lawsuits are filed when a person has been killed by a poorly designed or manufactured product and is usually brought on behalf of the victim’s estate. For the case of a defective product to be successful, it must be clearly shown that there were flaws in the design or manufacture of the product that led to the fatal accident or improper distribution and marketing.
Drowning: In a wrongful death lawsuit about drowning, the standard of proof is much lower than in other accidental death cases because it can be challenging to prove that another person’s actions or negligence led directly to the victim’s death. Additionally, accidental death lawyers will typically focus on establishing that the responsible party failed to meet their duty of care for the victim, leading inevitably to death—whether by recklessness, misconduct, accidental omission, or some other form of negligence.
Wildfire victim: This type of suit claims that the fire was accidental and that the defendant could have and should have done more to prevent the accidental deaths of those affected. For instance, accidental death lawyers may need to show that the negligent party was at fault for the origin of the wildfire, should have put evacuation orders or other precautions in place much sooner or that firefighters failed to contain the blaze despite having sufficient resources.
It is important to note that California law requires that a wrongful death action be filed within two years of the date of death. If this deadline is not met, the family will likely be barred from recovering any damages.
This means that if you are looking to seek compensation for the loss of a loved one due to negligence or accidental causes, you must do so within these two years for your case to be considered valid under California law.
This is generally prescribed by the statute of limitations laws, which specify the amount of time a person has to pursue legal action concerning certain cases.
However, it is always advisable to consult with an accidental death lawyer as soon as possible to ensure that you take all the appropriate steps and meet any specific filing deadlines for wrongful death suits that may apply in your particular situation.
At Frantz Law Group, we have a long history of success in wrongful death claims. Our attorneys are highly skilled in handling complex cases involving accidental deaths, and we have a proven track record of getting significant compensation for our clients.
Some of our most notable cases include:
Historic $55 million wrongful death jury verdict awarded to the families and surviving spouse/domestic partner of 4 Marines killed in a helicopter accident against SDG&E due to negligence and misconduct in failing to maintain its electrical equipment safely. The utility refused to make any wrongful death settlement offers or engage in settlement discussions before the trial. This award included punitive damages imposed upon the public utility by the jury for the utility’s decision to prioritize its profits over the safety of those who died. SDG&E refused to make settlement offers or discuss any settlement before the trial.
$7.5 million Recovery against the United States in wrongful death/injury claim against Immigration and Customs Enforcement Officer for negligence
$3 Million for the wrongful death of a young child killed on an amusement park ride.
$2.3 Million recovery for surviving family members on a family’s wrongful and tragic death in a multi-vehicle collision. Defendant tractor-trailer company disputed all responsibility.
At Frantz Law Group, we are committed to helping grieving families during some of the most challenging moments of their lives. We are proud to have successfully helped our clients obtain the compensation and closure they deserve.
Whether you have suffered from an accidental death or your loved one has passed away due to negligence or misconduct, our experienced legal team is here to fight for your rights and help you get the justice you deserve.
Get a free consultation or free case review today.
If you or a loved one has recently lost a family member due to accidental death, navigating the legal process on your own can be challenging.
At Frantz Law Group, our experienced wrongful death lawyers understand the challenges that grieving families may face. Our team has extensive knowledge of the laws about accidental deaths and can guide you through every step of the legal process.
Whether you seek compensation for medical expenses, lost wages, other forms of financial support, loss of companionship, or pain and suffering, we will fight tirelessly to ensure that you receive the monetary and emotional support you deserve.
If you need help navigating complex legal issues in times of grief and distress, don’t hesitate to turn to Frantz Law Group for expert guidance and support. We’re here to help.
Get a free case evaluation today. Call us at (855) 735-5945 to arrange a free consultation with an experienced wrongful death attorney at Frantz Law Group.
We offer a free case evaluation and handle wrongful death cases on a contingency fee basis. Call us at (855) 930-2626 to arrange a free consultation with an experienced wrongful death attorney at Frantz Law Group today.
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