Wrongful Death Attorneys for Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Ventura
Wrongful Death Lawyers Serving Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties
Wrongful death is a legal term used to describe a situation where someone dies due to the negligence, recklessness, or intentional act of another party. Losing a loved one in such circumstances is one of the most traumatic experiences a family can endure. This page aims to provide comprehensive information about wrongful death, including its legal aspects, common causes, potential damages, and the support available for grieving families.
Common Causes of Wrongful Death
Wrongful death can result from various circumstances, including:
Car Accidents: Collisions caused by negligent drivers often lead to wrongful death claims. These accidents may involve factors such as speeding, distracted driving, drunk driving, or reckless behavior. In some cases, defective vehicle parts or inadequate road maintenance may contribute to the accident.
Medical Malpractice: Errors by healthcare professionals, such as surgical mistakes or misdiagnoses, can result in fatal consequences. Medical malpractice wrongful death cases may involve a wide range of issues, including surgical errors, medication errors, failure to diagnose a serious condition, or improper treatment.
Workplace Accidents: Industrial accidents, construction site incidents, and other workplace hazards can lead to fatal injuries. These accidents may occur due to unsafe working conditions, lack of proper training, failure to follow safety protocols, or defective equipment. Common workplace accidents resulting in wrongful death include falls from heights, electrocution, or being struck by heavy machinery.
Defective Products: Product defects, such as faulty vehicle parts or dangerous medications, can cause fatal accidents. Defective product wrongful death cases often involve product liability claims against manufacturers, distributors, or retailers. Examples include defective airbags, faulty medical devices, contaminated food products, or hazardous consumer goods.
Criminal Acts: Homicide or other violent acts resulting in death can lead to wrongful death claims. These cases may involve intentional acts of violence, such as assault, battery, or murder. Surviving family members may pursue civil wrongful death claims in addition to criminal charges against the perpetrator.
Premises Liability: Property owners can be held liable if unsafe conditions on their premises lead to fatal accidents. Premises liability wrongful death cases often involve incidents such as slip and falls, inadequate security leading to assaults, swimming pool drownings, or fires caused by negligent maintenance. Property owners have a duty to maintain safe conditions and warn visitors of potential hazards.
Aviation Accidents: Wrongful death can occur in aviation accidents, including plane crashes, helicopter crashes, or other aviation incidents. These accidents may result from pilot error, mechanical failure, air traffic controller negligence, or defective aircraft components. Wrongful death claims in aviation accidents are complex and often involve multiple parties, including airlines, aircraft manufacturers, and maintenance companies.
Maritime Accidents: Injuries and fatalities can occur in maritime accidents, such as boating accidents, cruise ship accidents, or offshore oil rig accidents. Maritime wrongful death cases may involve factors such as vessel collisions, equipment failures, crew negligence, or hazardous working conditions. These accidents fall under admiralty and maritime law, which has specific regulations governing liability and compensation.
Nursing Home Neglect or Abuse: Wrongful death can occur due to neglect or abuse in nursing homes or assisted living facilities. Elderly residents may suffer from neglect, inadequate medical care, medication errors, or physical and emotional abuse. Wrongful death claims in nursing home cases often involve allegations of negligence against the facility or staff members responsible for the resident’s care.
These are just some examples of common causes of wrongful death. Each case is unique, and determining liability requires a thorough investigation into the circumstances surrounding the death. If you have lost a loved one due to someone else’s negligence or wrongdoing, it’s essential to seek legal guidance from an experienced attorney who can help you understand your rights and pursue justice on behalf of your loved one.
Compassionate Representation by Quality Wrongful Death Lawyers for Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Ventura
Losing a loved one due to someone else’s negligence or wrongdoing is a devastating experience. However, by understanding your legal rights, seeking the support you need, and holding responsible parties accountable, you can find a sense of justice and closure. If you are in Los Angeles, Orange, Riverside, San Bernardino, orVentura County and have lost a loved one in a wrongful death incident, don’t hesitate to reach out to an experienced attorney for guidance and support.
Frequently Asked Questions Regarding Wrongful Death Cases:
Who has the right to pursue a claim for wrongful death?
In California, the heirs specified in Section 377.60 of the California Code of Civil Procedure are entitled to recover damages on their own behalf for the loss they have sustained by reason of the victim’s death. A wrongful death claim may be brought by the decedent’s children, domestic partner, surviving spouse, stepchildren, or parents. Depending on your specific situation, any of these parties may be able to bring a claim.
Can anyone be sued for wrongful death?
A defendant is responsible for the wrongful death if their action or omission was a substantial factor in bringing about the victim’s death. Thus, in California, the wrongful death plaintiff must prove the victim’s death was “caused by the wrongful act or neglect” of the defendant.
If one person kills another without intending to do so (like in a car accident, for example), are they still responsible for the death?
Possibly. It is not necessary for someone to act intentionally in order to be liable for wrongful death. If one person kills another by accident, because they were negligent, they are still responsible.
California’s Wrongful Death Statutes:
California Code of Civil Procedure Section 377.60 Persons with standing
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
(b)(1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
(2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
(d) This section applies to any cause of action arising on or after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.
(f)(1) For the purpose of this section, “domestic partner” means a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.
(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.
(3) The amendments made to this subdivision during the 2003-04 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
California Code of Civil Procedure Section 377.61. Damages recoverable
In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.
California Code of Civil Procedure Section 377.62 Joinder with decedent’s cause of action
(a) An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect.
(b) An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for trial as provided in Section 1048.
Areas Served:
The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Covina, Culver City, Cypress, Dana Point, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Monte, El Segundo, El Sereno, Encino, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, Santa Monica, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Walnut, West Covina, West Hills, West Hollywood, West Puente alley, Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda
Call us at (818) 509-9975 to schedule a complimentary case evaluation with our wrongful death lawyers.