Most people understand that the possibility of an accident is ever-present. Simply living your life–driving to the store, going to work, or being outdoors–carries the risk of injuries from an accident. Worse yet, many of these accidents can be fatal. Death is often a hard topic to talk about, especially in legal terms. This is because no one likes to think of being gone, leaving behind a family or other loved ones to pick up the pieces.
Not only can an accident lead to death, but so too can sickness or other medical issues. When you look at statistics behind the causes of death in the United States, it drives home just how short life can be. That’s why it’s important to be prepared, no matter how difficult a prospect that may be.
Get a Free Consultation With California Wrongful Death Lawyers
As experienced California personal injury lawyers, our team at Maison Law knows how quickly an accident or some other issue can be fatal. Part of being prepared in these unthinkable tragedies is to talk to one of our experienced and compassionate lawyers to determine what to do next. When an accident causes a wrongful death, our team can help your family get the support they need. Contact us today for a free consultation to learn more.
Leading Causes of Death in the United States
Obviously, the causes of death in the United States are extremely widespread. Still, data from the Centers for Disease Control (CDC) track and compile these causes every year. The last year that data was available, 2020, saw an uptick in COVID-19-related deaths because of the pandemic. Other leading causes of death in the United States include:
- Heart disease – 696,962
- Cancer – 602,350
- COVID-19 – 350,831
- Accidents – 200,955
- Stroke – 160,264
- Chronic lower respiratory diseases – 152,657
- Alzheimer’s disease – 134,242
- Diabetes – 102,188
- Influenza and pneumonia – 53,544
- Nephritis, nephrotic syndrome, and nephrosis – 52,547
As the data shows, chronic disease and their related symptoms are routinely among the most common causes of death nationwide. But the data also shows a prevalence of death from accidents. In the event that you or a loved one suffer a fatal accident as the result of someone else’s negligence, that is considered to be a “wrongful death” claim.
Why File a Wrongful Death Claim in California?
In California, filing a wrongful death lawsuit is a legal measure that surviving family members an take in an effort to recover at least some of the financial and emotional loss of a loved one. While you can never bring your loved one back from an accident, a wrongful death lawsuit can provide the following, if successful:
- Financial support the deceased would have been expected to contribute to the family.
- Loss of income from work the deceased would have contributed to the home.
- Loss of the deceased’s guidance, companionship, and comfort. Spouses may also claim loss of affection, love, and sexual relationship–legally known as “consortium”
What Constitutes Wrongful Death in California?
Like most states, California law is clear on wrongful death claims. Legally speaking, a death is considered wrongful when a person is killed by the following actions of another person:
- Negligent
- Reckless
- Intentional
Within these parameters, there exists a wide range of potential accidents that can lead to a wrongful death lawsuit in California, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Boating accidents
- Bicycle accidents
- Construction accidents
- Medical malpractice or negligence of care
- Unsafe or defective products
- Dangerous conditions on a property
- Work-related accidents
- Intentional criminal acts
As with any claim in California, wrongful death claims have a two-year statute of limitations from the date of death. This means that your family or representatives have two years to file a wrongful death lawsuit. Missing this deadline could mean that your family will miss out on recovering much-needed compensation that they will need to move on with their lives.
What Can Be Recovered in a California Wrongful Death Claim?
In California, a successful wrongful death lawsuit can recover damages that will be awarded to your family to compensate for a range of losses, including:
- Funeral and burial expenses.
- Hospital and medical expenses.
- Estate administration expenses.
- Lost wages and benefits, including amounts the deceased would have been expected to earn, had they lived.
- Loss of the deceased person’s household services, society, comfort, and guidance.
California law further provides that these recoverable damages are intended to compensate the deceased person’s surviving spouse, children, and/or parents for their losses related to the death. In the event that there is no surviving spouse or other family members, your personal representative–also known as the “executor” of your estate–can file a wrongful death lawsuit to recover these damages.
Compassionate Wrongful Death Lawyers Serving California
Death is, unfortunately, a part of everyday life. In California and the United States, the various causes of death leave thousands of families searching for answers and comfort, especially when an accident causes death.
The wrongful death claims process can be emotionally taxing and challenging, but our compassionate, dedicated team of California wrongful death lawyers at Maison Law will be with your family from start to finish to make sure they get the support and benefits they need. For more information, contact us for a free consultation.
