9 Examples of Wrongful Death Claims in California
Wrongful death claims arise when someone loses their life due to another party’s negligence or misconduct. These tragic incidents occur in various settings, from public roads to workplaces, and often leave families facing emotional and financial hardship. Common types of wrongful death cases include:
- Car Accidents
- Medical Malpractice
- Accidents at Work
- Defective Products
- Train Accidents
- Truck Accidents
- Airplane Accidents
- Pedestrian Accidents
- Motorcycle accidents
1. Fatal Car Accidents
Motor vehicle accidents are a leading cause of wrongful death, often caused by negligent driving behaviors such as speeding, distracted driving, or impaired driving. In some cases, wrongful death may result from reckless drivers, defective vehicle parts, or poor road conditions.
Families of victims can file claims against at-fault drivers, auto manufacturers, or even government entities responsible for unsafe road maintenance.
Common fatal injuries from car accidents include traumatic brain injuries, internal bleeding, spinal cord injuries, and multiple fractures.
2. Medical Malpractice
Patients trust doctors, nurses, and healthcare professionals to provide competent care. However, medical negligence can lead to fatal mistakes, including misdiagnoses, surgical errors, anesthesia complications, and medication mix-ups.
When a preventable medical error results in a patient’s death, the surviving family members have the right to pursue a wrongful death claim.
Common medical malpractice claims involve:
- Failure to diagnose a serious illness
- Wrong-site surgeries
- Medication errors
- Birth injuries
- Anesthesia-related fatalities
Proving medical malpractice requires expert testimony, detailed medical records, and a thorough investigation of the healthcare provider’s actions.
3. Accidents at Work
Workplace accidents can be fatal, especially in high-risk industries such as construction, oil and gas, and manufacturing. Even in office environments, serious injuries can lead to death if hazardous conditions exist.
Common causes of wrongful death at work include:
- Falls from scaffolding or elevated surfaces
- Heavy machinery accidents
- Exposure to toxic chemicals
- Electrocution
- Equipment malfunctions
Employers are responsible for maintaining a safe working environment. When they fail to follow safety regulations, surviving family members may be able to file a wrongful death lawsuit or workers’ compensation claim.
4. Wrongful Death from Defective Products
Manufacturers and product designers have a legal duty of care to ensure the safety of their products. When defective or dangerous products cause fatal injuries, the responsible company may be held liable in a wrongful death claim.
Examples of defective products that may lead to wrongful death claims include:
- Faulty airbags and brakes
- Dangerous prescription drugs
- Defective household appliances
- Unsafe children’s toys
Victims’ families may file a wrongful death lawsuit against manufacturers, distributors, or retailers responsible for the dangerous product.
5. Fatal Train Accidents
Train accidents are often catastrophic and can result in multiple fatalities.
Whether involving passengers, pedestrians, or vehicles at crossings, these incidents can stem from operator negligence, mechanical failures, or unsafe rail conditions.
Common causes of train-related wrongful deaths include:
- Malfunctioning crossing signals
- Train derailments
- Collisions with vehicles or other trains
- Inadequate track maintenance
California ranks among the top states for train-related fatalities. Victims’ families can file claims against railway companies, government entities, or other responsible parties.
6. Fatal Truck Accidents
Semi-trucks and large commercial vehicles pose significant dangers to passenger cars due to their size and weight. A fully loaded truck can weigh up to 80,000 pounds, making collisions with smaller vehicles particularly devastating.
Common causes of wrongful deaths in truck accidents include:
- Truck driver fatigue
- Distracted driving
- Speeding or reckless driving
- Equipment failures such as brake malfunctions
Federal regulations govern truck drivers’ hours of service, but violations remain common. When trucking companies or drivers fail to follow safety guidelines, they may be held liable in a wrongful death claim.
7. Airplane Accidents
Commercial and private plane crashes are rare, but when they occur, they often result in fatalities. Causes of wrongful death in aviation accidents include:
- Pilot error
- Mechanical malfunctions
- Poor weather conditions
- Negligent maintenance
Airplane crash investigations require expert analysis to determine liability. Families may file wrongful death claims against airlines, aircraft manufacturers, or maintenance companies.
8. Wrongful Death in Pedestrian and Bicycle Accidents
Pedestrians and bicyclists are particularly vulnerable to fatal injuries when struck by vehicles. Common causes of wrongful death in these accidents include:
- Distracted driving
- Failure to yield
- Speeding in residential areas
- Reckless or impaired driving
California’s roads see a high number of pedestrian and bicycle fatalities each year. Families of victims can seek justice by filing a wrongful death claim against negligent drivers or other responsible parties.
9. Wrongful Death Due to Premises Liability
Property owners must keep their premises safe. When hazardous conditions lead to fatal accidents, surviving family members can file a wrongful death claim based on premises liability.
Examples of fatal premises liability accidents include:
- Falls from unsafe balconies or stairwells
- Swimming pool drownings
- Fires caused by electrical hazards
- Dog attacks resulting in fatal injuries
Under CACI 1000, property owners are responsible for maintaining a safe environment. When they fail to do so, they can be held accountable for a wrongful death.
The State of California holds those who cause the injury or death of another financially accountable for their actions under California Civil Code 1714.
Whether the person or company is charged with criminal offenses, those who were harmed have the right to bring legal action to seek compensation against the at-fault parties.
A criminal trial satisfies the State’s purpose to secure justice, while a civil trial tries to achieve financial relief for the losses sustained by the plaintiff or their survivors.
Wrongful death damages compensate surviving family members for financial and emotional losses, including medical expenses, funeral costs, lost income, loss of companionship, and pain and suffering caused by the untimely death of their loved one.
California Wrongful Death Claims
Under the California Code of Civil Procedure § 377.60, only the following individuals can file a wrongful death claim:
- Surviving spouse or domestic partner
- Adult children, including stepchildren
- Dependents and minor children, including stepchildren
- Siblings, if there is no spouse or children
It’s vital to include all potential plaintiffs in the case to ensure they are properly compensated for their loss.
Your personal injury attorney will discuss your concerns and guide you through the process to complete the paperwork correctly and on time.
Losing a loved one due to negligence is devastating. While no legal action can bring them back, holding the responsible party accountable can provide justice and financial relief. A wrongful death attorney can help you understand your legal rights and guide you through the claims process.
At Curtis Legal Group, we have over 100 years of combined legal experience helping families secure compensation for wrongful death claims. Our attorneys provide personalized attention and aggressive legal representation to ensure you receive the justice you deserve.
Compensation in a wrongful death claim may include:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of financial support
- Pain and suffering damages
- Punitive damages in cases of extreme negligence
Understanding your rights and taking legal action can ease financial burdens and help bring closure. Contact Curtis Legal Group today for a free consultation. We are here to support you and fight for the justice your loved one deserves.