Wrongful death claims arise when an individual loses their life due to another party’s negligent, reckless, or intentional actions. These cases stem from incidents that could have been prevented if reasonable care had been exercised.

Surviving family members may pursue a wrongful death lawsuit to hold the responsible party accountable and seek compensation for their losses. The legal grounds for different types of wrongful death actions vary, but most claims are connected to accidents or misconduct where the deceased would have had a valid personal injury case had they survived.

What Is Considered a Wrongful Death?

While every state defines wrongful death slightly differently, the key elements generally include a death caused by wrongdoing, financial harm to surviving parties, and the appointment of a personal representative for the deceased’s estate.

These claims are handled through civil court and are separate from any related criminal proceedings. For example, a person may face criminal charges for manslaughter but may also be sued for wrongful death in civil court.

Can Motor Vehicle Accidents Lead to Wrongful Death Claims?

Accidents involving vehicles, cyclists, or pedestrians can cause fatal injuries after drivers engage in unsafe behaviors like speeding, distracted driving, or operating under the influence. When a fatal accident occurs, the driver who caused the crash may be liable for damages.

In some cases, liability may extend beyond the driver. If poor road design or defective vehicle parts contributed to the fatality, government agencies or manufacturers could also be held accountable. Investigating the circumstances surrounding the accident is necessary to determine all responsible parties.

Are Medical Errors Grounds for a Wrongful Death Suit?

These claims involve healthcare providers who fail to meet the accepted standard of care, resulting in fatal outcomes. Errors may include misdiagnosis, surgical mistakes, improper medication, or failure to monitor a patient’s condition.

Hospitals, doctors, nurses, and pharmacists may all be named in a wrongful death suit if their actions  (or inactions) contributed to the death. Proving these claims typically requires detailed documentation of medical records and testimony from qualified professionals familiar with acceptable care practices.

Can a Workplace Incident Result in a Wrongful Death Claim?

Fatal injuries on the job may also lead to a wrongful death lawsuit, particularly if a third party was involved. While most workplace deaths are handled through workers’ compensation, there are situations where a wrongful death action is appropriate. For example, if a subcontractor on a construction site caused a fatal fall or an equipment manufacturer’s defective product led to a fatal injury, a civil lawsuit may be pursued.

These cases may overlap with regulatory investigations by agencies such as OSHA. Evidence from those inquiries may help support a wrongful death claim by shedding light on violations or unsafe practices that contributed to the death.

Can Defective Products Lead to Wrongful Death Cases?

Product liability is another area where wrongful death claims arise. If a consumer product, medical device, or piece of equipment malfunctions and causes a fatal injury, the manufacturer or distributor may be held responsible. These cases often involve dangerous household items, automotive parts, or pharmaceuticals.

Proving liability may require showing that the product was inherently dangerous, improperly labeled, or lacked adequate warnings. Companies involved in the design, production, or sale of the product may be named in the claim.

Compassionate Hemet Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) Can Explain Your Legal Rights

Our Hemet wrongful death lawyers at LMSCR understand the weight of these cases and are committed to helping families pursue justice. For a free consultation, complete our online form or call 909-889-1131. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.