Can a wrongful death claim be filed against a government agency?

In California, a wrongful death claim can be filed against a government agency depending on the situation. Generally speaking, wrongful death cases are filed when an individual dies due to the negligence or wrongful act of another. This is also true when it comes to a wrongful death claim against a government agency. In order to prove that the wrongful death claim should be filed against a government agency, the plaintiff must establish that: 1) the government agency had a duty to protect the deceased, 2) the agency failed to fulfill that duty, and 3) the agency’s negligence directly caused the death of the victim. For example, if a road was maintained by a state or local government agency that was in a state of disrepair, which caused an automobile accident that killed an individual, the family of the deceased may be able to pursue a wrongful death claim against the government agency. In addition to proving that the government agency had a duty and failed in fulfilling it, it is also necessary to prove that the government employees acted with conscious disregard to the safety of the public or were intentionally negligent. This means that the government agency had cause to believe their actions could cause harm or death. Therefore, while wrongful death claims can be filed against a government agency in California, it is difficult to prove that the agency was at fault. Each case must be evaluated on its own merits to determine whether the claim is valid.

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Can a wrongful death claim be filed against a government agency?

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