In California, “wrongful death” is defined as one that occurs due to negligence, wrongful act, or omission of another person (or entity). By law in California, when a person dies because of the actions of another, certain family members and dependents of the deceased may be entitled to compensation.
Individuals who suspect a family member has died in a way that might be deemed “wrongful death” by a court of law must contact an experienced and aggressive attorney to represent them, like those at Eason & Tambornini.
Common Examples of Wrongful Death
Some common examples of wrongful death include:
- Car accidents caused by the negligence of a driver
- Medical malpractice (e.g., a doctor making an incorrect diagnosis)
- Workplace accidents due to poor working conditions or faulty equipment
- Malfunctioning or defective products that cause fatal injuries
- Negligence (e.g., death of a child under another’s care)
To win a wrongful death lawsuit, the person suing (the plaintiff) must show that the defendant’s criminal conduct caused the person’s death. In California, the plaintiff must be a surviving family member or legal representative, such as a spouse, domestic partner, and children. If the deceased person has no direct survivors, other family members, such as siblings, parents, or legal guardians, may also file.
Other Examples of Wrongful Death
In addition to the common examples of wrongful death suits filed under California law, other situations can lead to a lawsuit. This is why consulting with an experienced wrongful death attorney is important when considering a case.
Here are a few of the more uncommon examples of wrongful death:
- Dog attacks: If a dog attack results in a person’s death, the dog’s owner may be liable under wrongful death law.
- Drowning: If someone drowns in a public or private swimming pool because of negligent supervision or lack of a barrier preventing entry, the pool owner may be liable for wrongful death. Cases vary widely depending on the circumstances of access to the pool, the age of the deceased, and other factors.
- Negligent security: If a death occurs because of faulty or inadequate security, lighting, or non-operational locks, the property owner or manager may be liable for wrongful death.
- Pharmaceutical mistakes: If someone dies due to a medication or dosing error, such as a prescription being filled with the wrong medication or incorrect dosage, certain medical professionals, such as a pharmacist, doctor, or another healthcare provider responsible for the error, may be held liable for wrongful death.
- Elder neglect or abuse: If a skilled nursing facility resident dies due to abuse or neglect by staff, individuals and the nursing home may be liable for wrongful death.
Eason & Tambornini attorneys are experienced and skilled at providing compassionate and thorough representation for all clients of wrongful death suits. Remembering that each case is unique, and the circumstances required to prove wrongful death can be complicated. However, wrongful death laws are in place in California for a reason. Please contact us today for a no-obligation, free consultation to talk about your situation.
