Reasons for a Wrongful Death Claim
I’m Ed Smith, a wrongful death lawyer in Sacramento. When someone dies, it impacts the family in many ways, including financially. They are suddenly without the care, love and support the person provided. If a person’s demise was the result of negligence or an intentional act, the family is eligible to recover financial compensation for that loss. The following guide explores the different categories of wrongful death.
What Is a Wrongful Death Claim
Most people are familiar with the term. Essentially, such a claim is a civil action where damages are claimed against an individual or entity whose negligence or intentional act caused that death. Unlike a criminal action, the burden of proof is less stringent. Sometimes, a wrongful death civil claim for deliberate harm follows a criminal charge of murder. In that case, the civil lawsuit can use a criminal conviction as proof.
Motor Vehicle Accidents
These are among the most common types of accidents that result in a wrongful death action in California. Negligent actions by another driver that can result in a wrongful death include speeding or other reckless driving, drunk driving, texting while driving and driver fatigue.
Unsafe products fall into the category of products liability. It means the seller or manufacturer may be held liable for accident injuries and deaths that occur to a consumer who is using the product in the way it is intended. Liability may extend from the manufacturer and seller to the component manufacturer, assembler/installer, and wholesaler. The burden of proof can shift in product liability cases, so the responsible parties must prove the product was safe instead of the burden of proof falling on the individual seeking damages. Unsafe products may include automobiles, foods, household products, dangerous drugs and many other items.
Exposure to Toxic Substances
Exposure to toxic substances can cause serious illnesses that lead to the death of an individual. These can include asbestos exposure, which can lead to mesothelioma, chemical fumes, and pesticide exposure.
Employees of companies may die due to unsafe working conditions. This can happen in industrial, agricultural and other settings. Crush injuries, fall injuries, and others cause 150 deaths each day, according to statistics supplied by the AFL-CIO. Safety standards are regulated by the Occupational Safety and Health Administration, and nonadherence to those safety standards can result in a wrongful death claim by the family of the deceased.
Medical malpractice occurs when a physician makes a severe error in patient care that results in the death of the patient. It may include misdiagnosis, prescribing the wrong drug or wrong strength of that drug or making a surgical error. Hospitals, pharmacists, and other personnel are also liable for mistakes made that result in the death of the patient.
Seeking a Wrongful Death Lawyer
When a family has lost a loved one because of negligence by an individual or company, speaking to an experienced personal injury lawyer is the first step toward recovering financial compensation. The lawyer helps by gathering all documents related to the incident, using crash reconstruction experts or expert witnesses and then presenting a compelling case for compensation. In this way, the family will no longer have to worry about the expenses associated with the loss of their loved one now or in the future.
Wrongful Death Lawyers in Sacramento
I’m Ed Smith, a wrongful death lawyer in Sacramento. Wrongful death in the family can lead to financial difficulties as well as the emotional loss of losing a loved one. If a member of your family died because of negligence, contact me for my free, friendly advice. I can be reached in Sacramento at (916) 921-6400 or at my toll-free number (800) 404-5400.
I have been helping Sacramento residents and those from surrounding Northern California with wrongful death and other personal injuries such as brain injuries for more than 36 years.
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Because of my positive track record of resolving cases for $1 million for previous clients, I am a member of the Million Dollar Forum.
Photo Attribution: https://pixabay.com/en/death-funeral-coffin-mourning-2421820/
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