The most common causes of wrongful death in California include:
- Car Accidents & Motorcycle Accidents
- Pedestrian and Bicycle Accidents
- Medical Malpractice
- Workplace Accidents
- Defective Products
- Criminal Acts (Homicide)
- Premises Liability (Slip and Falls)
Are car accidents the leading cause of wrongful death in California?
Yes. Car accidents are the leading cause of wrongful death in California. Speeding, distracted driving, DUIs, and reckless behavior all contribute to fatal collisions across the state.
How often do pedestrian or bicycle accidents lead to wrongful death?
California has some of the highest rates of pedestrian and bicycle fatalities in the country. When drivers fail to yield, speed through intersections, or drive under the influence, these accidents can result in deadly consequences.
Can medical malpractice result in wrongful death?
Yes. Medical errors—such as misdiagnosis, surgical mistakes, or medication errors—can lead to preventable deaths. If a healthcare provider’s negligence caused the death, it may be grounds for a wrongful death lawsuit.
What kinds of workplace accidents cause wrongful death?
Wrongful deaths at work often involve:
- Falls from heights
- Equipment malfunctions
- Exposure to hazardous substances
- Transportation incidents (especially in construction or trucking)
Employers may be held liable if safety regulations were ignored.
How do defective products cause wrongful death?
If a product is defectively designed, manufactured, or lacks proper warnings, it can result in fatal injuries. Examples include:
- Faulty vehicle parts
- Dangerous toys
- Unsafe pharmaceuticals
Manufacturers, distributors, or retailers may be held liable under product liability laws.
Can a criminal act be considered wrongful death?
Yes. A criminal act such as assault or murder may also give rise to a civil wrongful death claim, separate from criminal prosecution. Families may seek compensation even if no criminal conviction occurs.
Are property owners liable for wrongful deaths?
If a person dies due to unsafe conditions on someone else’s property—like falling from broken stairs or drowning in an unguarded pool—the owner may be held responsible under premises liability laws.
Who can file a wrongful death claim in California?
Under California law, the following people may file:
- Spouse or domestic partner
- Children
- Parents or financial dependents
- A personal representative of the estate
How long do I have to file a wrongful death lawsuit in California?
The statute of limitations for wrongful death in California is two years from the date of death. Missing this deadline may forfeit your right to compensation.
What compensation can be recovered in a wrongful death case?
Survivors may seek damages for:
- Funeral and burial costs
- Loss of financial support
- Medical bills related to the incident
- Loss of companionship
Need Legal Help?
If you believe your loved one’s death was preventable, consult an experienced California wrongful death attorney. An attorney can help you understand your rights and build a strong case for justice and compensation.