Q: Who can sue for wrongful death?
When somebody mentions a personal injury lawsuit, most people have an idea of what that entails. They know somebody was hurt by someone or something and is suing for financial compensation for their injuries which could include medical expenses, lost wages, property damage, pain and suffering and more. But many people don’t understand the legal doctrine of wrongful death.
The similar in many ways to a personal injury action, a wrongful death lawsuit is somewhat different and more complex in nature.
Q: Does the baby of a deceased car accident victim have a claim for wrongful death?
When someone is killed as a result of the negligence, product liability, or intentional actions of another person or entity, a wrongful death lawsuit can help close surviving family members with the financial burden of their tragic and unexpected loss.
Car accidents that result in the death of a victim often lead to a wrongful death action.
Wrongful death actions are often complex and require the skill of an experienced personal injury attorney who can review all the circumstances and determine which family members are entitled to sue and what type of relief the family can request.
Q: When and what type of damages can a surviving family member sue for in a wrongful death action?
There are a number of factors that go into determining whether or not a wrongful death lawsuit is appropriate in the wake of a person’s death at the hands of another person or entity.
A wrongful death lawsuit is brought by the close surviving family members of a victim who died as a result of the negligent, reckless, or intentional conduct of someone else. It’s necessary to prove that said conduct occurred and that that action or inaction caused the death of the victim.
Surgeons are required to perform surgeries responsibly. They are required to hold themselves to a high standard of medical practice. Sadly, they do not always do so. Doctors, even the most experienced ones, can act negligently before, during or after surgery. If this has happened to you, you can sue the surgeon for surgical malpractice. Talking to a personal injury or wrongful death attorney can be beneficial if you are uncertain about whether malpractice occurred.
Common surgical errors
Surgical errors are actually more common than you would think.
If you are injured during the course of medical care after a healthcare professional breaches the standard of care, you may have a case of medical malpractice. Like most claims for personal injuries, medical malpractice damages have the potential to be significant. In California, though, medical malpractice damages have been capped. This means that the amount of money you are able to collect if you win a case is limited.
A personal injury, medical malpractice or wrongful death attorney will be able to assist you in determining what your damages might be in your particular situation,
Losing a loved one is a very emotional experience. If someone passes away due to the negligence of another, it doesn’t make it easier. However, you might be able to recover damages for your loss, with the assistance of a wrongful death attorney.
What Are Some Examples Of Wrongful Death?
- Intentional acts, such as murder or manslaughter. California law does say that a killing in self-defense or other justifiable homicide is not an example of wrongful death.
Did you know that California also has the highest number of pedestrian accident fatalities?
In California, drivers always have a duty to exercise reasonable care while driving so as not to injure others. Some causes of driver negligence include distracted driving, excessive speed, driving under the influence of alcohol or drugs, and more. A driver’s duty of reasonable care is upgraded when driving in areas where children are present, such as within the vicinity of schools.
And pedestrians have a similar duty to exercise reasonable care for their own safety.
Fatal pedestrian accidents are up dramatically nationwide over the five year period between 2009 and 2014, with California pedestrian accident fatalities averaging higher than the national average—sometimes much higher. In fact, Palm Springs reports pedestrian deaths quadruple the national average.
What is causing this spike in pedestrian deaths in California?
Authorities believe that there are many contributing factors to the increase in pedestrian accident fatalities including the following:
- an increase in the number of pedestrians;
- an increase in the number of homeless;
Who is liable in the event of a fatal hiking accident?
What should have been an enjoyable camping trip turned tragic when a father and son died while hiking near a Northern California lake. Police officials reports that the pair were hiking along a trail by Shaver Lake when they suddenly fell off a cliff. The trail was not an official one but is easy to access and commonly walked along. A similar accident occurred in the area in 2014.
Liability for Hiking Accidents
Hiking is a favorite activity in California.
Q: Are health clubs required to have working AEDs on site?
In the movies, we often see a victim clutching his chest and falling as a team of rescuers jump into action, grabbing and placing paddles on his chest and yelling “clear” as he is shocked back to life. Cue the happy ending.
An AED, or automated external defibrillator, is a portable device that can be used to deliver an electrical shock through the chest to the heart to help save those experiencing an unsynchronized heart rhythm while emergency medical workers are on the way.