What Constitutes Wrongful Death?
Like so many issues that involve the legal system, wrongful death claims can be complex and challenging
for juries, injured parties and, even, the courts. My personal injury law firm in Sacramento, Roseville,
Yuba City and Modesto includes teams of experts who have the expertise to focus on specific aspects of
individual wrongful death cases.
This specialization is necessary because no two wrongful death cases are treated the same. And,
although it makes litigation more complicated, this may be a good thing for the survivors of a wrongful
death. Courts must look at the unique details of each case and make decisions based on individual merit.
There is no cookie-cutter justice in such cases. Even class action lawsuits for wrongful death require
individual scrutiny of individual claims.
The legal definition of wrongful death includes the following: The death of a person must be caused
by the negligence of another person or entity. Family members surviving the deceased must suffer measurable
financial harm and/or loss of companionship.
A claim for a wrongful death can be made against an individual, group or company. Although it's
common that most claims are filed because of accidents due to negligence, wrongful death also applies to
criminal acts, work environments and professional or personal negligence.
Surviving family members will most certainly have a hard time navigating the complexities of filing
a wrongful death claim. Our Sacramento Region personal injury law firm has decades of combined experience
to support survivors, provide legal advice and represent their best interests in a wrongful death claim.
Some Examples of Wrongful Death
Medical Malpractice – When a medical professional shows negligence that results in death,
a wrongful death suit may result. The definition of medical personnel extends well beyond an attending
physician. There have been cases in which anesthesiologists administered incorrect amounts or types of
anesthesia and caused an accidental death. Medical personnel in a variety of environments hold the life
of patients in their hands and there is a high degree of accountability.
Automobile and Airplane Accidents – Often, this category of vehicle accidents results in class
action lawsuits for the wrongful death of many people. Consequently, personal injury attorneys face a
battery of corporate lawyers to fight for compensation for survivors of wrongful death. A number of such
claims were filed in the late 1990s when SUV rollovers led to a number of wrongful death claims. Similarly,
there were wrongful death claims against airlines after the 9-11 hijackings. Most were settled out of court.
Occupational Exposure to Harmful Conditions or Chemicals – Although working conditions and regulatory
oversight have increased over the decades, we still read about exposure to chemicals that cause disease
and lead to wrongful death. For example, long after the hazards of asbestos were discovered and its use
in manufacturing and building ceased, wrongful death claims continue to be heard in courts. Some personal
injury lawyers focus solely on this specialty. More recently, authorities discovered harmful chemicals in
the production of butter flavor for popcorn. As the effects of working in that production environment are
better known and the disease suffered by workers progresses, it is possible wrongful death claims will be
made. Personal injury attorneys and their investigative teams will become experts on the health effects of
a once-innocent production method.
Supervised Activity – If a death has occurred during a supervised activity, the surviving family
members may have a wrongful death claim. For example, wrongful death suits have been filed against county
governments for suicides that occurred in their jails while inmates were under supervision. Or, perhaps a
youngster loses his life on a supervised outdoor adventure in which negligence can be proven. A personal
injury lawyer will carefully analyze the facts and evidence in such cases to establish the validity of a wrongful death claim.
Cases of Criminal Activity
Sometimes, high profile cases tried in a criminal court result in a defendant's freedom.
When there is no guilty verdict and survivors of wrongful death feel they have sufficient evidence,
they may file for wrongful death damages in civil court. This is precisely what happened to O.J. Simpson
when the surviving members of his former wife’s family and that of Ronald Goldman filed their wrongful
death claim and won a $33 million judgment.
Another case reaches back to the civil rights era when a young black man was murdered and hung from
a tree in Tuscaloosa, Alabama. On behalf of the young man’s mother, the Southern Poverty Law Center filed
a wrongful death lawsuit against the Klan and won $7 million – effectively bankrupting the organization.
Accidents and Wrongful Death
Of course, there are many other examples of accidents – some very public and others that never make
headlines. Each summer, it seems there is an accidental death at an amusement park when a piece of equipment
malfunctions and someone, often a child, dies. These very tragic cases cause unbelievable emotional
distress and anger at the alleged negligence of the equipment operator or amusement park. Wrongful death
claims must be deftly investigated and handled by an experience personal injury lawyer to protect survivors
from further pain.
There is a very recent case that will likely result in a wrongful death lawsuit. The mauling and death
of a young man at the San Francisco Zoo by a tiger made headlines for weeks. Survivors and family members
made public statements about the inadequate height of the tiger’s enclosure and the two colleagues of the
deceased, already filed a claim against the city of San Francisco. The family of the young man has already
hired a high profile attorney in preparation to file a wrongful death claim.
Wrongful Death Legal Guidance and Support
I hope this brief description of a few wrongful death cases is educational and helpful to you. As a personal injury lawyer, I know how emotional and challenging wrongful death
can be for survivors. That's why I've devoted this wrongful death website solely to this important topic.
If you or a loved one has been damaged by a wrongful death, please don't hesitate to call
1-888-TSG-LAW3. I will provide you with a free initial consultation to help you understand how a
professional personal injury lawyer can support your future and help you get on with the healing process.
Free consultation: 1-877-TSG-LAW3
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