Examples of Wrongful Deaths
Wrongful death claims arise from all sorts of situations, including accidents and malicious actions. Some examples of wrongful death claims in California include:
- Car accidents caused by negligence or recklessness:
o A distracted driver collides with another car or pedestrian
o A drunk driver veers into oncoming traffic and causes a head-on collision
o A speeding driver does not see a pedestrian in the crosswalk and strikes him or her
- Medical negligence:
o A doctor misdiagnosis a patient’s cancer
o A delayed C-section causes harm to the infant
o A doctor prescribes a medication that is contraindicated for the patient
o A surgeon leaves a surgical tool or sponge inside a patient
- A product manufacturer sells a dangerous product without warning consumers.
- An automotive manufacturer is aware of a dangerous part but does not recall it.
Who Can File a Wrongful Death Claim?
Wrongful death claims must be filed by someone who is a representative of the person who died or someone who suffers damages due to the person’s death. All states have their own rules for who can file a wrongful death claim, but the eligible parties are generally:
- Immediate family (spouse or children)
- Life partners
- Financial dependents
- Distant family (parents, grandparents, siblings)
- Parties who suffer financially
Eligible parties can file a wrongful death claim against an individual, business, distributor, installer, designer, builder, government agent, property owner, or perpetrator of a crime.
Do I have a Wrongful Death Claim?
If someone you love has died and you believe negligence was a factor in their death, contact Sahar Malek Law to discuss your situation and find out if you have an actionable claim.