A wrongful death lawsuit can be exhausting and distressing. It is a long process, but the family of the deceased deserves compensation. This guide explores the process of such a lawsuit in California.
When a person dies due to the negligence of another person, the deceased’s family must deal with the trauma of death along with the legal battle of filing a lawsuit.
Further, every state has its own laws regarding a wrongful death. This guide explains the basic aspects of filing a wrongful death claim in California.
What Is Wrongful Death?
A wrongful death occurs when a person has unlawfully (intentionally or unintentionally) caused the death of another person. Most commonly, unlawful death occurs due to negligence or reckless behavior. Claims can also be filed for murders, with the help of California wrongful death attorneys.
The most common instances of wrongful death include:
Motor Vehicle Accidents
Drivers of motor vehicles are often held responsible for the untimely death of another person in a motor vehicle collision. Drivers are expected to drive in a reasonably safe manner, in safe weather conditions and follow the traffic regulations. The failure to do so results in negligent driving.
The most common reasons for motor vehicle accidents are drunk driving, texting and driving, speeding, running a red light, etc. Pedestrians crossing the road are most likely to be the victims of vehicle collisions.
Owners of private or commercial property are required to keep the premises safe to prevent fatal accidents. The workplace, in particular, must be kept safe for the employees. Fatal accidents can occur due to hazardous machinery in factories.
Strict training, regulations and safety precautions must be ensured in all workplaces. Even in a private residential property, the owner can be sued for negligence or improper maintenance that caused a wrongful death. Faulty wiring, for instance, can cause electrocution. The property insurance usually covers the damages claimed in a wrongful death lawsuit.
Murder and other deliberate acts of harm that results in death can be tried in a criminal and civil proceeding. A wrongful death lawsuit is a civil case is usually resolved sooner and provides the family much needed compensation.
Since most insurance policies do not cover intentional acts, the plaintiffs may not pursue a wrongful death claim. However, if the victim has sufficient wealth and assets the family could benefit from a quick wrongful death claim as opposed to a long and tiring criminal proceeding.