In California, wrongful death is identified as any act of negligence of misconduct that produces a fatality. The laws establishing this concept encompass occurrences, such as automobile accidents, medical malpractice, and criminal acts which include but are not limited to murder and manslaughter. According to these laws, there must exist a burden of proof which shows that an alternative course of action could have prevented the death.
Wrongful Death in Auto Accidents
The most common factor associated with wrongful-death litigation linked to an auto accident is DUI. California enforces an implied consent ruling for all drivers who choose to drive under the influence. For this reason, any fatality which is produced during the course of an accident in which DUI was the cause could lead to a charge of manslaughter. The blood-alcohol content of the driver could increase these charges significantly. The victim’s family has the legal right to file a civil claim as soon as the court date for the criminal case is scheduled.
Medical Malpractice Fatalities
Wrongful Deaths in Sacramento, CA, which involve medical malpractice must show that the doctor’s actions lead to the fatality. This requires an expert witness to corroborate the claim. They must conclude that the injury sustained during surgery or another medical procedure is conducive to an error. This could lead to questions about the doctor’s medical training and skill level. If the court determines that the injury was an act of malice, it is also possible for the medical professional to face criminal charges.
Murder or Manslaughter
Criminal acts in which a fatality occurred lead to civil cases. At any time, the defendant’s actions identify negligence or misconduct, which could have been avoided; the victim’s family acquires a right to sue for damages. The drawback to these proceedings is that a criminal case must be underway before the family can file a civil action against the accused.
Wrongful Deaths in Sacramento, CA are identified by a wide spectrum of occurrences. In some cases, the sequence of events is deemed accidental. This doesn’t, however, eliminate the victim’s family from a monetary award. If your loved one died as a result of another person’s actions, you should contact an attorney today and file a lawsuit.
