Common Causes of Wrongful Death Claims

Understanding Wrongful Death

Losing a loved one unexpectedly can turn your life upside down. In California, many families face the painful reality of losing someone due to another party’s negligence or misconduct. Understanding the most common causes of wrongful death claims helps you recognize if your loss may qualify for legal action. At Attain Law, we know how overwhelming this process feels. Our attorneys are here to guide you through every step, from understanding the basics to pursuing justice for your family.

You may find it helpful to review our Personal Injury and Premises Liability pages for broader context about accident claims in California.

What Qualifies as Wrongful Death?

A wrongful death claim arises when someone’s careless or intentional act results in another person’s death. California law allows certain family members or representatives to file for damages. Common situations include car crashes, workplace accidents, dangerous products, or even medical mistakes.

To explore the legal details, please see our What Qualifies as a Premises Liability Claim? article and How to Prove Negligence in a Wrongful Death Case.

Motor Vehicle Accidents

One of the leading causes of wrongful death in California is motor vehicle accidents, including car, motorcycle, and truck crashes. These tragic events often result from speeding, distracted driving, drunk driving, or mechanical failures.

• Distracted driving (texting, calls)
• Speeding or reckless driving
• Driving under the influence
• Poor vehicle maintenance
• Failing to obey traffic signals

You can read more about road safety in our Car Accidents and Common Causes of Car Accidents and How to Avoid Them articles.

Pedestrian and Bicycle Accidents

California’s busy streets put pedestrians and cyclists at particular risk. Accidents may happen at crosswalks, intersections, or due to lack of driver awareness.

• Drivers not yielding to pedestrians
• Unsafe bike lanes or sidewalks
• Poor visibility or lighting
• Speeding near schools or parks

For further details, see Pedestrian Accidents and How to Prove Fault in a Pedestrian Accident.

Workplace Accidents

Fatal workplace injuries are another frequent cause of wrongful death claims. Construction, manufacturing, and warehouse jobs carry higher risks, but accidents can happen in any workplace.

• Falls from heights
• Equipment malfunctions
• Lack of safety training
• Exposure to hazardous substances

Our Workplace Discrimination and Retaliation Claims pages address employee rights after serious incidents.

Medical Malpractice

Medical errors can be devastating. In California, wrongful death claims may stem from surgical mistakes, medication errors, misdiagnosis, or failure to treat a serious condition.

• Surgical errors (wrong site, retained instruments)
• Anesthesia mistakes
• Medication mix-ups or overdoses
• Delayed or missed diagnosis

Explore Medical Malpractice and Medication Errors for more information.

Dangerous or Defective Products

When products don’t work as intended, tragedy can result. Defective vehicles, appliances, drugs, or children’s toys have all led to fatal accidents.

• Faulty airbags or brakes
• Unsafe prescription drugs
• Hazardous toys for children
• Malfunctioning appliances

To learn more, visit Product Liability and Defective Medical Devices.

Premises Liability Incidents

Property owners in California must keep their premises safe. Fatal accidents may occur due to unsafe conditions like poor lighting, broken stairs, or lack of security.

• Slip and falls
• Swimming pool accidents
• Fires or toxic exposure
• Inadequate security leading to assault

See our Slip and Fall and Common Premises Liability Injuries and Compensation articles.

Criminal Acts and Assault

Sadly, intentional acts such as assault, homicide, or other violent crimes can also be grounds for wrongful death claims. While the criminal justice system handles punishment, families may pursue civil claims for damages.

• Assault or battery
• Domestic violence
• Robbery or burglary resulting in harm

Nursing Home Negligence

Elderly individuals are vulnerable to neglect or abuse in care facilities. Inadequate staffing, poor training, or failure to monitor residents can have fatal consequences.

• Failure to prevent falls
• Medication mistakes
• Lack of medical attention
• Physical or emotional abuse

Our Medical Malpractice section covers related issues.

Fatal Dog Attacks

Dog bites can result in serious or even fatal injuries, especially for children and older adults. California law holds owners strictly liable for attacks.

• Unrestrained or aggressive animals
• Failure to warn or secure the property

Learn more in Dog Bites and Who Is Liable for a Dog Attack?.

Public Transportation Accidents

Buses, trains, and rideshare vehicles are generally safe, but accidents sometimes occur due to driver negligence or equipment failure.

• Operator distraction or error
• Poor vehicle maintenance
• Inadequate training or oversight

Visit Rideshare Accidents for related claims.

Building a Wrongful Death Claim

To pursue a wrongful death case in California, you’ll need evidence of negligence, proof of loss, and documentation of damages. Our How to Prove Negligence in a Wrongful Death Case article outlines the necessary steps.

Steps After a Loss

If you believe your loved one’s death was caused by another party’s actions, here’s what you can do:

• Collect accident or incident reports
• Gather witness statements
• Save medical and funeral records
• Consult with an attorney promptly

You may also want to review Steps to Take After a Dog Bite Injury for advice on evidence gathering.

Potential Damages in California

California law allows you to seek compensation for:

• Medical expenses prior to death
• Funeral and burial costs
• Lost income and benefits
• Loss of companionship or support

Read Understanding Compensation in Wrongful Death Lawsuits for a deeper look.

California Laws on Wrongful Death

The California Code of Civil Procedure outlines who may file a wrongful death claim: spouses, domestic partners, children, and sometimes others financially dependent on the deceased. State law sets a two-year deadline to start your case, so acting quickly is vital.

Learn about related rules in Personal Injury and Car Accidents.

Frequently Asked Questions about Wrongful Death Claims

What is considered wrongful death in California? Wrongful death in California occurs when someone dies as a direct result of another party’s negligence, recklessness, or intentional act. Common examples include fatal car accidents, workplace injuries, medical errors, and incidents involving dangerous products.

Who can file a wrongful death claim in California? Spouses, domestic partners, children, and sometimes other dependents can file a wrongful death claim in California. The law prioritizes close family members but may allow others to file in certain circumstances.

What damages are available in a California wrongful death lawsuit? Damages may include funeral expenses, medical costs, lost income, and compensation for loss of companionship or support. The exact amount depends on the case details.

How long do I have to file a wrongful death claim in California? Most wrongful death claims in California must be filed within two years from the date of death. Certain exceptions may apply for government entities or delayed discovery.

Can a wrongful death claim be filed if the responsible party faces criminal charges? Yes, a civil wrongful death claim can be filed even if the responsible party is facing or has faced criminal charges. The two cases are separate and serve different purposes.

We’re Here to Support You

If you’re coping with the loss of a loved one and have questions about wrongful death claims in California, Attain Law is here for you. Our attorneys understand the challenges you face and will treat your family with care and respect. To discuss your case, call us at (888) 970-8627 or contact us today for a free consultation. You do not have to face this alone.