Common Causes Of Wrongful Death Claims In California
Losing a loved one due to someone else’s negligence is devastating. Families are left with emotional and financial burdens that can feel overwhelming. In California, wrongful death claims permit surviving family members to pursue financial compensation when a death results from recklessness, negligence, or intentional harm. These claims are governed by California Code of Civil Procedure § 377.60, which outlines who can file and what damages may be recovered. Understanding the most common causes of wrongful death can help families determine whether they have a legal claim and what steps they need to take to protect their rights.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are among the leading causes of wrongful death in California. When a driver acts negligently—whether by speeding, distracted driving, driving under the influence, or failing to follow traffic laws—they may be held responsible for a fatal crash. California follows a comparative negligence system, which means that even if the victim was partially at fault, their family may still recover damages under California Civil Code § 1714.
Medical Malpractice
Healthcare professionals must provide a reasonable standard of care to their patients. When doctors, nurses, or hospitals fail to meet that standard, the consequences can be fatal. Wrongful death claims may arise from surgical errors, misdiagnosis, medication mistakes, or delayed treatment. Under California Code of Civil Procedure § 340.5, wrongful death lawsuits based on medical malpractice must be filed within three years from the date of injury or one year from the date the injury was discovered.
Workplace Accidents
Employees in construction, manufacturing, and industrial jobs face higher risks of fatal injuries. Falls from heights, exposure to hazardous materials, and equipment malfunctions can all lead to wrongful death claims. While many of these cases involve workers’ compensation survivor benefits, some situations allow families to file a wrongful death lawsuit against third parties such as contractors, property owners, or equipment manufacturers under California Labor Code § 3852.
Defective Products
Manufacturers, distributors, and retailers are responsible for ensuring that the products they sell are reasonably safe for consumers. When a defective car part, medical device, or household product causes a fatality, the victim’s family may be able to file a wrongful death lawsuit under California’s product liability laws. California Civil Code § 1792 holds manufacturers strictly liable for injuries and deaths caused by dangerous or defective products.
Pedestrian And Bicycle Accidents
California has some of the busiest streets in the country, making pedestrian and bicycle accidents a frequent cause of wrongful death claims. Many fatalities occur due to reckless drivers who fail to yield, speed through intersections, or drive under the influence. Victims’ families may be eligible for compensation under California Vehicle Code § 21950, which requires drivers to yield the right-of-way to pedestrians in crosswalks.
Criminal Acts And Intentional Harm
Homicides and violent assaults can also give rise to wrongful death claims. Even if the person responsible faces criminal charges, the victim’s family may file a civil lawsuit for damages under California Civil Code § 3294, which allows for punitive damages when the death was caused by intentional misconduct. A wrongful death claim can provide financial relief for funeral costs, lost income, and emotional suffering.
Nursing Home Negligence And Elder Abuse
Wrongful death in nursing homes often results from neglect, abuse, or inadequate medical care. Under California Welfare & Institutions Code § 15610.57, facilities must provide a reasonable standard of care to their residents. If a nursing home fails to prevent falls, malnutrition, dehydration, infections, or bedsores, and a resident dies as a result, the family may have grounds for a wrongful death lawsuit.
Slip And Fall Accidents
Property owners are legally required to maintain safe conditions for visitors. When they fail to repair hazardous conditions or warn about dangers, fatal accidents can occur. Falls from unsafe staircases, slippery floors, or poorly maintained walkways can lead to serious head or spinal injuries that result in death. These cases fall under California’s premises liability laws, including Civil Code § 1714(a), which holds property owners accountable for dangerous conditions.
California Wrongful Death Claim FAQs
What Is The Deadline For Filing A Wrongful Death Lawsuit In California?
California law sets a two-year statute of limitations for most wrongful death claims under California Code of Civil Procedure § 335.1. If the claim is against a government entity, such as a public transportation agency, the deadline is six months. Filing after the deadline could result in the case being dismissed.
What Damages Can Be Recovered In A Wrongful Death Lawsuit?
Families can seek economic and non-economic damages, including:
- Funeral and burial expenses
- Lost income and financial support
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, gifts and benefits, and household services (CACI 3921)
- Medical bills related to the fatal injury
In cases of gross negligence or intentional harm, punitive damages may also be available.
Can A Wrongful Death Claim Be Filed If The Victim Was Partially At Fault?
Yes. California follows a pure comparative negligence rule, meaning that the compensation awarded is reduced by the victim’s percentage of fault. For example, if the deceased was 20% responsible, the family can still recover 80% of the damages.
Contact Our California Wrongful Death Attorneys For Dedicated Representation
If you have lost a loved one due to negligence, Bracamontes & Vlasak is here to help. We understand the challenges families face after a wrongful death, and we are committed to holding responsible parties accountable.
Contact our California wrongful death attorneys at Bracamontes & Vlasak today to receive a free consultation at 415-835-6777. Our office is located in Oakland, and we represent wildfire victims and their families throughout the Bay Area and across California. Let us help you pursue justice and financial recovery during this difficult time.
