Wrongful death cases are lawsuit claims when a person’s death was caused by another person’s actions or negligence. Common examples of wrongful death cases are when a drunk driver causes an accident that kills someone or a medical malpractice that leads to death. In such cases, the person responsible for the injury is held liable and prosecuted for the death. Therefore, wrongful death is applicable when a person who would have otherwise been eligible for a personal injury claim passes away.
Before the accused person is held responsible, the cause of the death must be proved. Therefore, if your loved one was killed in an accident, you have a duty to provide enough proof that the victim would have provided if they had survived. For example, if the victim was killed by a drunk driver, you need to provide evidence that the driver was drunk and was responsible for the death of your loved one.
You should prove that the defendant breached duty or was not in his right judgment during the accident. It is advisable to hire a personal injury attorney Newport Beach to help you with this process.
Filing the Wrongful Death Lawsuit
A wrongful death case can be filed by a spouse when the partner was wrongfully killed or by parents when a minor passes away due to another person’s actions or inaction. Minors are also eligible for compensation when a parent is killed under such circumstances. However, the legal rights and legal procedures differ from state to state.
In California, for example, you can file a wrongful death lawsuit if you are a spouse, domestic partner, children, step-children, grandchildren, or a minor who was dependent on the deceased. Anyone who is authorized to take charge of property previously owned by the deceased can also sue for wrongful death.
This lawsuit is expected to be filed within two years after the death. If your loved one was killed in an accident, you need to find a wrongful death attorney Newport Beach to find out if you are eligible to file a lawsuit.
Types of Wrongful Death Cases
The major types of wrongful death cases include car accidents, medical malpractice, truck accidents, defective products, workplace accidents, and motorcycle accidents. In all these cases, a personal injury attorney Newport Beach can help you protect your rights.
Car, truck, and motorcycle accident wrongful death cases are often caused by drunk driving, overspending, distracted driving such as texting, auto defects, mechanical defects, truck company negligence, and road defects, among others. You should work with a wrongful death law firm Newport Beach to help you get the relevant evidence to file your case.
In the medical malpractice case, the death may have been caused by the wrong diagnosis, delayed treatment, birth injury, surgical errors, pharmaceutical mistakes, lack of informed consent, or defective tools. A medical practitioner has the duty of protecting the patient, and the above instances breach this duty.
Defective products type of cases stems from victims who ingested food or pharmaceutical products and faulty children toys. The wrongful death law firm Newport Beach can help you sue the manufacturers and get compensation. Deaths resulting from workplace accidents that were caused by manufacturing issues, transportation accidents, and hazardous chemicals are eligible for a lawsuit.