Most common causes of wrongful death claims in california

Who can file a lawsuit in California for wrongful death?

When someone else is negligent or commits an act that intentionally or recklessly takes the life of another person, that act is usually considered a wrongful death. For family members and friends of the victim, the death is one that's both shocking and life-changing.

Although no lawsuit can ever truly compensate for the loss of a loved one, it can help to ease the financial burden that many families experience after a loved one’s death. Family members, including ​​spouses, partners, children and siblings, can often file a claim after a wrongful death  in California.

Wrongful death claims are meant to provide survivors with compensation for specific damages. These can include economic damages (such as lost wages that the deceased person would have contributed to the family if they had lived, as well as medical and funeral expenses) and non-economic damages (such as loss of companionship and pain and suffering).

Most common causes of wrongful death in California

While there are many situations in which someone else’s negligence results in death and a wrongful death lawsuit may be appropriate, below are some of the most common causes of wrongful death in California.

Car accidents

According to the Insurance Institute for Highway Safety, there were 3,316 fatal car accidents in California in 2019, resulting in 3,606 deaths. This number accounts for approximately 9 deaths per every 100,000 residents. California ranks number 2 in the country behind Texas in the number of deaths that result from car accidents each year. This is one reason why car accidents are often at the forefront of wrongful death claims filed in California.

Commercial truck accidents

Due to the vast number of highways in California, the state is known for having a high number of truck accidents as well. Drivers and company owners have to perform the necessary maintenance on the trucks to ensure their safety. It's also important for drivers to get the rest that they need in order to pay attention to the roads, especially if they are traveling long distances.

Accidents involving commercial trucks can be quite serious due to the size of the vehicles involved. Passenger vehicles involved in these accidents usually incur more damage and result in more fatalities because of their smaller size. California has seen an increase in the number of truck accidents in recent years, with the state ranking 2nd in the country for the highest number of truck fatalities in the U.S. Over 360 fatalities were reported in 2017 due to truck accidents alone.

Pedestrian accidents

Another common type of wrongful death claim is pedestrian accidents. According to statistics from the California Office of Traffic Safety, the number of pedestrian accidents in the state has been steadily increasing. In 2018, 893 pedestrians were killed on the roads of California, which is an increase of 26 percent in just 4 years. California’s pedestrian death rate is 25 percent higher than the national average, with 3 counties in California ranking in the top 10 counties for pedestrian accidents in the U.S. These counties are Los Angeles, Orange and San Diego.

Product liability

There are several kinds of cases that can be filed in California pertaining to product liability. While most cases involve injuries to those who use the products, death can occur as well.

Many of the products that result in death are those that contain harmful chemicals. One common example is asbestos. Mesothelioma can occur after a person has been exposed to asbestos for several months or years. The rate of disease progression depends on a number of factors, including a person’s overall health and how much asbestos they were exposed to.

Monsanto's Roundup is another common product that has been at the center of wrongful death claims since 2015, when the World Health Organization determined that glyphosate, a chemical found in Roundup and other weed killers, is likely a carcinogen. There have been thousands of wrongful death claims filed across the country since 2015, with several hundred filed in California alone.

Accidents on the job

There are numerous accidents that occur on the job that can result in the death of an employee. According to a report by the Bureau of Labor Statistics, nearly 5,000 workers died on the job in 2020—a 10.7 percent decrease from the previous year. Transportation incidents were the most frequent type of fatal event, with 1,778 fatal injuries, accounting for 37.3 percent of all work-related fatalities in 2020. Workplace slips, trips and falls were responsible for the 2nd highest number of work-related fatalities, with 1,178 deaths. Occupations with the highest worker death rates include farming, fishing, logging, roofing and construction.

Medical malpractice

Medical malpractice occurs when a doctor, nurse or other health care professional fails to provide an appropriate standard of care, which causes injury to a patient. Medical malpractice most commonly occurs when a doctor fails to diagnose or misdiagnoses a medical condition that results in severe injury or death. Other instances of potential medical malpractice may include surgical errors or prescribing or administering the wrong medication or dose. Opioid addiction is another area that can qualify as medical malpractice if a physician overprescribes pain medicine and does not monitor the patient appropriately afterward.

When to contact a wrongful death attorney

These are just a few of the many situations in which it may be appropriate to file a wrongful death lawsuit. Every case is different, and there are time limits on how long you have to file a lawsuit after the death of a loved one, so it’s always best to consult an attorney who specializes in wrongful death cases to ensure that all the appropriate steps are taken to get the compensation you deserve.

If you’ve lost a loved one because of someone else’s negligence, contact the experienced wrongful death lawyers at MVP Accident Attorneys. With offices throughout California and Texas, our attorneys can help you recover compensation for your loss so that you can focus on healing and taking care of your family. Contact us for your free, no-obligation consultation today.