7 Common Causes of Wrongful Death Claims
Losing a loved one is one of the most painful experiences any of us will ever go through. But when that death is the result of another person’s negligence or malice, it adds another layer of trauma—knowing that this tragic outcome could have been avoided can make it hard to move on. At DeWitt Algorri & Algorri, we understand what a difficult time you are going through right now. We know that no amount of money can right this wrong, but at the very least it can smooth out this transition and help you navigate your new normal. Learn more about how our dedicated team of Southern California wrongful death attorneys can help you by calling us at 855-WINNING (946-6464).
When someone dies due to another person’s negligence or malice, only certain people have the right to file a wrongful death claim. Each state has its own laws on this topic. In California, the right to file is largely claimed by the surviving spouse or domestic partner, the deceased individual’s children, and any children of the decedent’s deceased children. If the deceased party does not have any of those relations, anyone who would inherit from them via intestate succession can pursue a claim. Finally, certain individuals who were financially dependent on the deceased party may also start a wrongful death claim.
- Medical Malpractice
Medical malpractice is a common cause of wrongful death claims across the United States. Surgical errors, misdiagnoses, missed diagnoses, medication errors, and birth injuries can all lead to an individual’s untimely death. When a care provider steps outside their standard of care and acts in an unreasonable way that leads to a patient’s death, the patient’s surviving family members may seek justice via a wrongful death claim. Note that medical malpractice is a very complex area of law, and you’ll want to consult a Southern California wrongful death lawyer with experience both in this area and wrongful death cases.
- Car Accidents
Car accidents are one of the most common causes of personal injury claims and accidental deaths. When a car accident leads to a loved one’s death, a wrongful death claim may help surviving family members move on. Fatal accidents are more common when there’s excessive speeding, alcohol and drugs, or distracted driving involved.
- Workplace Accidents
In most cases, workplace injuries are minor and require minimal treatment. However, some accidents are serious enough to cause an employee’s death. These situations are more common in dangerous industries, including construction, manufacturing, and agriculture. California’s bustling economy employs millions in these demanding industries, and as a result, it sees more than its fair share of workplace deaths. If an employee’s death is caused by an employer’s negligence, failure to maintain a safe work environment, or failure to provide appropriate training, the deceased’s family members may use a wrongful death claim to demand compensation.
- Nursing Home Neglect and Abuse
Elderly individuals are at significant risk of neglect and abuse in assisted living facilities. Neglect may manifest as starvation, inadequate medical care, improper positioning, dehydration, and failure to meet hygienic needs. Physical abuse can cause bone breaks and internal injuries, both of which are far more serious in elderly individuals. In both cases, individuals are at a heightened risk of death. If a family member thinks that their loved one’s death was due to mistreatment at their assisted living facility, it is crucial to connect with a wrongful death attorney in Southern California.
- Premises Liability
Property owners in California are expected to keep their property safe and accessible for visitors, tenants, and clients. Slippery walkways, broken stairwells, inadequate lighting, and insufficient security can all lead to fatal injuries for innocent people.
In the event of a tragic loss due to a property owner’s negligence, seeking the counsel of a wrongful death lawyer in Southern California can help families navigate the challenges of legal proceedings and pursue rightful compensation for their loss.
- Defective Products
Every year, products that are designed or manufactured in an inherently dangerous manner reach the open market. When they do, it’s only a matter of time before they cause injuries or fatalities. A wrongful death claim can hold the negligent manufacturer, designer, or corporation accountable for their failure to keep consumers safe.
- Unsafe Pharmaceutical Products
Unsafe medications and other pharmaceutical products cause a shocking amount of deaths. When death is due to inadequate testing of a pharmaceutical product, a failure to disclose risks or interactions, or other negligent mistakes, the deceased’s family may be able to demand compensation from the liable party.
Choose DeWitt Algorri & Algorri for Help With Your Wrongful Death Claim
If you’ve lost a loved one due to neglect, we are so sorry for your loss. Please reach out to discuss a potential wrongful death claim. While money cannot make up for your loss, it can be a key step in holding negligent parties responsible for their choices. Call us at 855-WINNING (946-6464) or get in touch online to set up a time to talk.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
