Sometimes, people die in tragic accidents that there was no way to prevent. In other situations, however, accidents occur because someone is careless or because someone fails to live up to the obligations that the law imposes. If a death is caused by negligence, wrongdoing or a failure to fulfill a legal duty, the death can be considered a wrongful death. If a loved one has been killed due to someone else’s negligence, call Injury Trial Lawyers today to discuss your best legal options.
Determining if a death is considered wrongful is important, because surviving family members have legal rights. Family members of a person who has experienced a wrongful death may file a lawsuit and recover monetary compensation for losses. A San Diego, CA injury attorney at Injury Trial Lawyers can help you to determine if you may have a case after your loved one has been killed. Call today to schedule a free consultation and get your case evaluated.
When a Death is Considered Wrongful
To determine if a death is considered wrongful, you must look at the circumstances of the death: how did the fatality occur and is there anything that could have prevented it? Were there mistakes made leading up to the fatality, or was the death caused by acts or omissions?
There are many different situations where a death is considered wrongful. For example:
- If a person intentionally shoots, hits or strikes someone and the victim dies, this is a wrongful death. This occurs because of intentional behavior and the defendant could be sued for an intentional tort.
- If a driver is careless or fails to follow any road safety regulations, a death may be considered wrongful if the driver’s failures lead to a fatal collision. This is an example of a negligence tort. The victim’s family would need to show the driver was negligent to obtain compensation for wrongful death. If the other driver violated a rule, like running a red light, then negligence is presumed.
- If a doctor or a hospital provides substandard care and a patient dies as a result, the death is considered wrongful. Surviving family members can file a claim for medical malpractice based on medical negligence. The behavior of the caregiver is compared to what a reasonable medical professional with the same background would have done under the circumstances.
- If a property owner fails to maintain his land and a death occurs as a result, the death can be considered wrongful. The survivors could sue under premises liability laws, which establish the requirements that are imposed on property owners.
- If a manufacturer releases a product that is defective for sale to the public and a death occurs, the manufacturer could be sued for wrongful death. Strict liability rules may apply, so a manufacturer is liable for a wrongful death that occurs because of a dangerous product even if the manufacturer was not negligent.
These are just a few examples of situations where a death was considered wrongful. The key is to determine if the death was caused by any person or company’s failure to live up to a legal obligation. If so, you should contact a wrongful death lawyer at Injury Trial Lawyers to get help filing a claim for compensation.
Injury Trial Lawyers
1230 Columbia Street #560
San Diego, CA 92101