What Are Some Causes of Wrongful Death
Many situations and scenarios may fall under wrongful death. Technically, wrongful death is defined as “denoting a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted.” No matter what the cause of wrongful death may be, there is always a person or party that is at fault for the death, in which case a wrongful death claim may be filed.
Examples of Wrongful Death in California:
- Murder – Murder may fall under wrongful death, but not all murders are wrongful death. Since murder is a crime, a murder will often be brought to court by the state. Wrongful death claims are brought to civil court by an individual or family. In the event that a murderer is not found guilty in state court, a person may still bring that suspect to civil court under a wrongful death claim.
- Nursing Home Negligence – The high-rate of nursing home abuse in the United States is alarming. If you believe a family member or loved one was not receiving proper care in their nursing or retirement home, and died because of it, you may be able to file for a wrongful death claim. Whether it was an intentional or negligent act, nursing home and retirement facility abuse is unacceptable. Any sudden death that occurs under a caretaker’s watch should be investigated in the chance of it being a wrongful death.
- Drowning – If anyone, children and adults alike, drown in a public or even private pool, it may be considered a wrongful death. At public pools, there should be a lifeguard on duty as well as a maintenance crew that upkeep the safety and cleanliness of the pool. A death may be due to negligence if the lifeguard were reckless, ignorant or did not provide proper care to the victim. In the event of a private pool, a supervisor or guardian may be held liable for any deaths that occur on their property, depending on the situation.
- Faulty, Recalled or Malfunctioning Products – In California, we have product liability laws. This means that consumers are entitled to functional, safe products. No matter what the type of product is, from motors to ladders, if a consumer is injured or dies as a result of using a faulty product, they have the right to file a civil claim against the company or entity that provided the product. Even in the event that a product or appliance is recalled, if its faultiness caused death, it may still result in a wrongful death lawsuit.
- Motor or Bicycle Accident – It is the responsibility of everyone to follow road rules and look out for pedestrians. San Francisco Bay Area was ranked 5th in the nation as being the most congested in terms of traffic in 2018. With our large population, there
comes a high amount of traffic. Not only do we have a great deal of cars and other motor vehicles on the road, we also have public transportation and cyclists to worry about; not to mention the electric scooters trying to make their way into our bike lanes. In short, there is a certain level of risk involved in being on the road, however, if a death were to occur due to the negligence or recklessness of a fellow driver or cyclist, they may be held responsible for a wrongful death.
- Workplace Accidents – If someone is killed on the job, it is often a result of negligence. Oftentimes, wrongful death cases occur at construction sites or other heavy-lifting occupations. Wrongful death is not limited to construction jobs, just more likely. If you or a loved one is killed due to maintenance issues, faulty equipment, electrocution or any other causes, a medical malpractice claim may be due.
- Medical Malpractice – In the event that a person dies under the care or due to lack of care by a medical provider, it may be considered wrongful death by medical malpractice. Medical malpractice is sadly, a not-so-uncommon practice in the United States. It is serious, however, and you and your family deserve to be compensated for your losses. The responsible party may be the individual doctor, surgeon or nurse, or it may be the responsibility of the hospital or medical facility owners. No matter who is at fault, a death that occurs at the hands and care of a medical professional is unacceptable.
These are only some examples of what constitutes a wrongful death. If you believe a loved one has passed due to the negligence or carelessness of another, but the means by which it occurred is not listed, call us to see what your options are.
San Francisco Wrongful Death Attorneys at the Anna Dubrovsky Law Group
Anna Dubrovsky is an esteemed and reputable wrongful death attorney in the Bay Area of California and will gladly assist you and your family with your case. If you do choose to file a wrongful death claim, she will guide you through the process from start to finish. You will not be left in the dark, nor will you be disregarded in the decision-making. Anna Dubrovsky works closely with all of her clients, ensuring that they receive a favorable outcome. To work with a professional attorney in the Bay Area, trust no one but Anna Dubrovsky Law Group. Call us today at (415) 746-1477 or (800) 440-6313 or email us using our contact form.