What is wrongful death by negligence?

Wrongful death by negligence is when a person dies due to the careless or negligent actions of another person, company or entity. In California, wrongful death is governed by the state’s wrongful death statute, which defines wrongful death as a death that is caused by the negligent conduct of another person or company that has resulted in a material loss to the survivors of the deceased. This can be a physical death caused by the negligent action of another, or a financial loss suffered by the survivors as a result of the death. Negligence in a wrongful death case can be either intentional or unintentional. An intentional action is when someone deliberately causes death, such as in a murder. An unintentional act is when someone acts without thinking or without realizing the potential consequences of their actions, such as operating a vehicle while under the influence of drugs or alcohol. In California, there are two types of claims available in wrongful death cases: negligence and strict liability. Negligence means that a person or company had a duty to exercise reasonable care in order to prevent harm, and that duty was breached. Strict liability means that a person or company has no duty of care, but still owes a duty to act with reasonable care. In either case, the survivor must be able to prove the death was caused by negligence in order to successfully pursue a wrongful death claim. If this is proven, then the survivor can receive compensation for the loss of their loved one, including financial compensation for medical and funeral expenses, loss of earnings, and other damages related to the death.

Related FAQs

What are the non-economic damages that may be available in a wrongful death case?
What is wrongful death by negligence?
What evidence do I need to prove a wrongful death case?
Can a wrongful death claim be filed if the deceased had a pre-existing condition?
Are compensatory damages available for a wrongful death claim?
Are there any limits to the amount that can be awarded in a wrongful death suit?
How are damages awarded in a wrongful death case?
What is the statute of limitations for filing a wrongful death claim?
How long can a wrongful death lawsuit take to resolve?
Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

What is wrongful death by negligence?

Related FAQs

Related Blog Posts