Are wrongful death cases impacted by federal law?

Yes, wrongful death cases in California can be impacted by federal law. Wrongful death cases are civil lawsuits filed by the family of a person who died as a result of the negligence or bad actions of another, either an individual or an organization. In California, wrongful death suits are governed by state laws, and because these kinds of cases often cross state or country lines, sometimes federal law may apply. For example, wrongful death cases often involve corporations, and, in general, state laws are limited in their ability to regulate corporations. That means if a wrongful death claim is related to a corporation, then federal laws may apply to the case. For instance, the Federal Consumer Product Safety Commission has regulations that regulate the safety of consumer products. So if a wrongful death is caused by a faulty consumer product, the family can file a claim and these federal regulations could be used to determine negligence. Additionally, if the wrongful death is caused by federal negligence, such as a civil servant acting in the course of his or her job, then the Federal Tort Claims Act may be used. This law allows individuals to bring claims based on due process requirements in the U.S. Constitution and it is connected to civil rights and federal liability against unlawful acts committed by employees of the federal government. So, while state law is the primary source of wrongful death law in California, federal law can have an impact in certain cases. If you are filing a wrongful death case, make sure to talk to an attorney who is knowledgeable about both state and federal laws.

Related FAQs

What constitutes wrongful death?
Can a wrongful death claim be filed against a government agency?
Is an autopsy necessary to prove a wrongful death claim?
What other types of compensation can be awarded in a wrongful death lawsuit?
What documents do I need to prove a wrongful death lawsuit?
How can I determine how much my wrongful death claim is worth?
Are wrongful death damages taxable?
Are there any special grounds for filing a wrongful death lawsuit?
Are punitive damages available in a wrongful death lawsuit?
May the deceased person's estate file a wrongful death claim?

Related Blog Posts

What You Should Know About Wrongful Death Lawsuits - July 31, 2023
What To Do After a Loved One Suffers Wrongful Death - August 7, 2023
Understanding Wrongful Death Statutes & Regulations - August 14, 2023
Finding the Right Wrongful Death Lawyer - August 21, 2023
5 Important Steps to Take When Filing a Wrongful Death Claim - August 28, 2023