Common Causes of Wrongful Death Claims in California

Losing a loved one is always heartbreaking, but when that loss is caused by someone else’s carelessness or wrongdoing, the pain can be overwhelming. In California, families who lose a loved one because of another party’s negligence or misconduct have the right to seek justice through a wrongful death claim. These cases not only hold responsible parties accountable but also help surviving family members recover financial compensation for the emotional and economic impact of their loss.

Wrongful death claims arise in a wide variety of circumstances. Below, we explore some of the most common causes of wrongful death in California, from fatal traffic collisions to medical negligence and unsafe property conditions. For help getting justice for your loved one and financial support for your family, contact the California trial attorneys at Kalfayan Merjanian, LLP, to receive a legal consultation with our team of skilled and dedicated California wrongful death lawyers.

Motor Vehicle Accidents

Motor vehicle accidents remain one of the leading causes of wrongful death in California. Each year, thousands of lives are lost on California’s roads due to speeding, distracted driving, intoxicated driving, and other forms of reckless behavior.

• Car accidents: Even a seemingly routine collision can turn deadly, especially when high speeds, impaired driving, or unsafe road conditions are involved. Fatal car crashes often occur at intersections, during lane changes, or when drivers fail to yield the right of way.
• Truck accidents: Collisions with large commercial trucks can be catastrophic. The massive weight and size of tractor-trailers mean that passenger vehicle occupants are at extreme risk of fatal injuries. Trucking companies may share liability if the crash was caused by driver fatigue, improper maintenance, or overloaded cargo.
• Motorcycle accidents: Motorcyclists have little protection in a crash, making fatal injuries common. Many wrongful death motorcycle claims involve drivers who fail to see motorcycles in their blind spots or turn left in front of oncoming riders.
• Bus accidents: Fatalities can occur among bus passengers, pedestrians, or occupants of other vehicles. Because buses are often operated by public or private transportation companies, wrongful death claims can involve complex issues of governmental liability or commercial insurance coverage.
• Bicycle accidents: Cyclists are highly vulnerable when struck by motor vehicles. Many fatal bicycle accidents occur because a driver was distracted, opened a car door into a cyclist’s path, or failed to give the cyclist enough space when passing.
• ATV accidents: All-terrain vehicles can be deadly when operated recklessly or in unsafe environments. Fatal ATV crashes often involve rollovers, collisions, or defective vehicle components, leading to potential liability for manufacturers or property owners.
• Aviation accidents: Although relatively rare, airplane and helicopter crashes are often fatal. These complex wrongful death cases may involve multiple liable parties, including airlines, maintenance providers, aircraft manufacturers, and pilots.

Medical Malpractice

When doctors, hospitals, or other healthcare providers make serious errors, the consequences can be fatal. Medical malpractice is a leading cause of wrongful death claims in California. Common examples include:

• Failure to diagnose or misdiagnosing a serious condition such as cancer, heart attack, or stroke
• Surgical errors, such as operating on the wrong site or leaving surgical instruments inside the patient
• Medication errors, including incorrect dosages or dangerous drug combinations
• Anesthesia mistakes that cause respiratory failure or cardiac arrest
• Failure to monitor patients during or after procedures

In these cases, families must often rely on medical experts to prove that the healthcare provider’s actions fell below the accepted standard of care and directly caused the patient’s death.

Dog Bites and Animal Attacks

Fatal dog attacks are uncommon but tragic events. California law holds dog owners strictly liable for fatalities caused by their pets, meaning the owner can be held responsible even if the dog had never shown aggression before. Wrongful death claims may arise when a child or elderly person is attacked or when a dog is allowed to roam without restraint in violation of local leash laws.

Beyond dog bites, other animal-related fatalities can occur when property owners or caretakers fail to warn of dangerous animals or maintain secure enclosures.

Slip and Fall and Other Premises Accidents

Falls may not sound deadly, but they are among the most common causes of fatal injuries, particularly for older adults. A slip and fall or trip and fall accident can cause head trauma, internal bleeding, or spinal cord injuries that prove fatal.

Property owners have a duty to keep their premises reasonably safe. When they fail to repair hazards such as wet floors, broken staircases, uneven pavement, or poor lighting, they can be held liable for resulting deaths. Wrongful death claims may also arise from unsafe building conditions, electrocutions, pool drownings, and fires caused by negligent maintenance or code violations.

Proving Liability in a California Wrongful Death Case

To succeed in a wrongful death claim in California, the plaintiff must show that:

1. The defendant owed a duty of care to the deceased.
2. The defendant breached that duty through negligence, recklessness, or intentional misconduct.
3. The breach caused the death.
4. The death resulted in damages to the surviving family members.

Evidence in these cases can include accident reports, witness statements, expert testimony, and medical or forensic records. In motor vehicle accidents, for example, police investigations and crash reconstruction specialists may help establish fault. In medical malpractice claims, expert physicians testify about the standard of care and how the provider’s actions deviated from it.

Compensation Available in Wrongful Death Claims

California law allows surviving family members, typically a spouse, domestic partner, children, or other dependents, to recover both economic and non-economic damages.

Economic damages may include:

• Funeral and burial expenses
• Loss of the decedent’s income and financial support
• Loss of household services

Non-economic damages, on the other hand, compensate for the emotional impact of the loss, such as:

• Loss of love, companionship, and comfort
• Loss of moral support, care, and guidance

California does not allow punitive damages in wrongful death actions, but they may be available through a separate survival action if the decedent could have recovered them had they lived.

How Kalfayan Merjanian, LLP Can Help

Proving fault in a wrongful death case often requires a deep investigation, expert testimony, and an understanding of both state laws and procedural rules. The attorneys at Kalfayan Merjanian, LLP are dedicated to helping families throughout California pursue justice for their loved ones. We handle all aspects of wrongful death litigation, from gathering evidence and dealing with insurance companies to representing clients in court when necessary.

Our firm understands that no amount of money can replace a lost loved one. But we also know that a successful wrongful death claim can help ease the financial burden and bring accountability to those responsible.

Contact a California Wrongful Death Attorney

If you have lost a family member due to a fatal accident or medical negligence in California, the legal team at Kalfayan Merjanian, LLP wants to hear from you. We provide compassionate guidance and aggressive advocacy for families seeking justice. Contact us today for a free consultation to learn more about your rights and options under California law.