If you have lost a loved one due to the negligence of another person or entity, you can file a wrongful death lawsuit. A lawsuit like this requires you to meet various legal requirements. This is why it is best to consult an Irvine wrongful death attorney before you file the lawsuit.
Losing a loved one is a tragedy that is hard to overcome. However, it is important to pull yourself together for the wrongful death lawsuit. In many cases, a lawsuit is the only way of holding an entity accountable for your loss. It may also be of critical importance for the financial well-being of you and the rest of the family in the wake of the loss.
A vital part of preparing and planning for the lawsuit is to understand how wrongful death cases work. Many types of accidental deaths are covered by wrongful death laws. Here is a look at some of the most common causes of wrongful death lawsuits.
Traffic collisions and other road accidents remain one of the leading causes of wrongful deaths across the state of California. In 2017 alone, 3,904 persons lost their lives in traffic crashes statewide in a total of 3,582 fatal crashes. Across the country, more than 30,000 people lost their lives on the road during 2018.
In a vast majority of wrongful death lawsuits, the plaintiff is the family, legal heir or estate of someone who died in a road accident. If you have lost someone close in a traffic crash, you may be entitled to the full range of wrongful death damages.
Work-related deaths are another common cause of wrongful death lawsuits. Work-related deaths are such deaths which occur when a person is at the workplace or otherwise engaged in a work-related activity. For instance, a driver operating a company’s vehicle on a highway is regarded as someone engaged in a work-related activity. Common work-related deaths include deaths caused by falls, electric shock, being struck by a heavy object, or being stuck in the machinery.
Compared to auto accidents, work-related incidents result in fewer deaths annually. In California, 422 workers died while at work during 2018. However, the employers may not be willing to fairly compensate the family or survivors of the deceased in many cases. This is why work-related deaths often lead to wrongful death lawsuits.
Typically, work-related deaths are investigated by Occupational Safety and Health Administration (OSHA). When the agency deems that a death occurred due to the negligence of the employer, a wrongful death lawsuit is likely to be successful.
Medical malpractice lawsuits are common against medical professionals and facilities. However, when malpractice results in the death of a patient, a wrongful death lawsuit is filed. The entity you are suing is likely to put up a strong legal defense to a lawsuit of this kind. This is why you will need the right legal help on your side to fight out the lawsuit.
Medical malpractice resulting in death may comprise a wrong diagnosis, wrong medication, defective medical device, birth injuries, negligence by the hospital staff, incorrect treatment, and errors through surgeries. If you are not sure a given instance of negligence is covered under wrongful death laws, you can consult your attorney.
A defective product is any product which comes with a risk that is hidden and not explicitly known to the user. Virtually any commercial product available in the market can be a possibly defective product. It is typically the responsibility of the manufacturer or the reseller to ensure that a given product is safe to use and designed for safety. A product that fails this criterion and results in the death of a user can lead to a wrongful death lawsuit.
When a product results in the death or harm to several individuals, a class action lawsuit can also be brought. This is a collective legal action by multiple plaintiffs against the liable party.
Hiring a Wrongful Death Lawyer in Irvine, California
If you have lost a loved one due to the negligence of someone, you should hire a good wrongful death lawyer before you proceed to the lawsuit. A good attorney will help you prepare for the case, identify the liable party, and negotiate on your behalf where needed. Here at Crockett Law Group, we handle wrongful death cases in Irvine and across Orange County. Get in touch with us today to discuss your case in a free consultation.