Losing a loved one can be heartbreaking; especially if the circumstances surrounding the loss involve negligence or a wrongful or willful act. We at Gruenberg Law are here to support you and help reduce your feeling of helplessness. Our compassionate team of experienced attorneys will provide support during all phases of litigation. Your immediate and long term needs will be our primary focus as we give your case the attention it deserves.
If your loved one died as a result of negligence or wrongful actions on the part of an individual or corporation, you may be entitled to pursue compensation for medical and funeral costs, loss of anticipated earnings, loss of financial benefits, pain and suffering, loss of inheritance, loss of protection or companionship, and general and punitive damages.
What Is Wrongful Death?
Caused by negligence or a wrongful or willful act, there are many types of wrongful deaths, including those caused by:
A medical professional may be held liable if he fails to properly diagnose a serious illness, fails to warn patients of known risks, or provides improper treatment that fails to meet the accepted standards for care.
Car and truck accidents caused by faulty vehicle components or negligent, drunk, drugged, distracted, or drowsy drivers are common causes of wrongful death.
Slip and fall accidents
Also known as matters of premises liability, slip and fall accidents can result in serious injuries and wrongful deaths.
Pet owners who fail to prevent their animals from harming others can sometimes be held liable for injuries or deaths.
If faulty equipment, supervisory negligence, or unsafe working conditions result in a fatal accident, family members may be able to pursue compensation.
Exposure to toxic materials
Toxic chemicals can be encountered in the workplace or found in unsafe products. If you can show that exposure to toxic materials resulted in a loved one’s death, you may be compensated for your loss.
Nursing home abuse
In a nursing home setting, wrongful deaths can occur when the staff directly and willfully abuses a patient or behaves negligently.
Defective drugs or products
Family members of persons who were killed by drugs or products while using them as intended or prescribed may be able to sue the manufacturer.
Wrongful Death Law in California
A wrongful death claim is authorized by the operation of law in California. This law allows only certain people to file a lawsuit for the recovery of money following the negligent or intentional death of another. If you do not qualify under the statute, most likely you are not authorized under the law to bring a lawsuit or to recover monetary damages for the wrongful death of another. When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a wrongful death lawsuit. This type of lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses.
In California, the statute of limitations for a wrongful death claim is two years from the date of the deceased person’s passing. If it is a medical malpractice case, a separate set of rules apply.
California wrongful death lawsuits are sometimes combined with a so-called “survival action” under California Code of Civil Procedure 377.30. While a wrongful death lawsuit compensates the deceased person’s family for their losses, a survival lawsuit lets the heirs recover losses on behalf of the deceased’s estate.
To discuss a possible wrongful death personal injury claim Contact Gruenberg Law. San Diego Personal Injury Attorneys for over 25 years.