How to File a Fatal Death Law Suit for a Motorcycle Accident DeathA wrongful death case is one where a loved one dies as a result of someone else’s negligence and a cause of action is brought by their relatives. Examples of Wrongful Death Cases Here are some examples of a wrongful death cause of action;
- Your relative was a passenger or driver in a vehicle which was involved in a car accident and subsequently died as a result of his/her injuries. In such cases the family members, relatives, spouse or children can bring a lawsuit against the party responsible for the injuries.
- Death resulting from a motorcycle accident causing death. In such cases the family members, relatives, spouses can bring a lawsuit for injuries.
- Child was killed during a sleepover party where alcohol was distributed by the homeowner to the underage children. Here, the parents had a cause of action against the homeowners.
- Malpractice of a doctor causing death of a loved one. In such cases the doctor and hospital are responsible for the injuries.
- Death caused by the use of a defective product Examples include a defective jack stand which was responsible for the death. Or a defective circular saw which caused death. In each case the surviving spouses, relatives, children or domestic partners can bring a cause of action.
California Wrongful Death Statute – Fatal Accident Claim LawsCalifornia Civil Procedure section 377.60-377.62 outlines wrongful death and who can bring a lawsuit for injuries. The following parties can bring forth a claim for a wrongful death lawsuit:
- The surviving spouse, domestic partner or child can bring a lawsuit. If no such persons exist then the surviving relatives would be able to step in their place in bring a cause of action.
- Minors can bring a cause of action if they lived at the residence of the deceased for 180 days prior to the incident and depended on the deceased party for half of their income or support.
- Domestic partners who were in a registered domestic partnership under the family code.