When someone you love is tragically killed, your life feels turned upside down. When that death was caused by someone else’s wrongful actions or negligence, the tragedy feels even more intense. In some instances, California law provides families with the right to seek compensation under wrongful death legislation. Here are some common instances where wrongful death cases are a valid option.
Vehicle and Bicycle Accidents
One of the more common types of accidents that can lead to wrongful death claims in California are those involving vehicles and bicycles. Any type of vehicle accident where a loved one is killed and someone else is at fault can fall into this category. This can include:
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus accidents
- Van accidents
- Boat crashes
- Air-borne vehicle crashes
If someone you love was killed in an accident involving a vehicle, you need to seek the help of an attorney right away to determine if you have a wrongful death case to claim.
Construction Site Accidents
If your loved one was working on a construction site, and failure to provide proper safety leads to his or her death, you may be able to file a wrongful death claim against the construction company. In California, construction companies have a legal obligation to provide a safe working environment that meets OSHA safety standards and conforms to the state’s Construction Safety Orders. If defective products or unsafe work practices lead to death then a claim is possible.
Animal Attack Deaths
Animal owners in the state of California are obligated to keep their animals restrained and provide proper warnings about dangerous animals. If someone is attacked by an animal that is not restrained properly, and that individual dies, the family may be able to file a wrongful death claim. This particular area requires careful insight from a lawyer, because someone guilty of trespassing who is killed by a watchdog may not have the same rights as someone attacked by a dog who was not on its owners property.
Faulty or Contaminated Products
Product manufactures have a responsibility to provide safe products to consumers. If that responsibility is not met, and someone is killed, the family may be able to claim a wrongful death case. This includes deaths caused by contaminated food or drugs.
Statute of Limitations on Wrongful Death Claims
Regardless of the type of wrongful death claim filed, in the state of California the family of the deceased must file the claim within two years of the date of death under the state’s statute of limitations. If you fail to do so, you will not be able to file and will lose the right to seek compensation for the wrongful death. Shorter deadlines apply to death or injury caused by public employees or healthcare providers. Such deadlines are as short as one year from the date of injury.
Because the statute of limitations is so short, it’s crucial to consult with an attorney as soon as possible after the death of your loved one if you suspect that you have a wrongful death case. The sooner you partner with the attorney, the sooner you can get the compensation you deserve to help you rebuild your life after this serious tragedy.
The Law Office of Daniel J. O’Neill will provide compassionate care from a team of legal professionals who want to fight for your rights. Get a free, no-obligation consultation to discuss your case today.