It amazes me the extent to which every state has a very different law on survival action and wrongful death cases. I remember the first time I had a case in West Virginia back when I was defending pharmaceutical companies. The basis for damages in a survival action and a wrongful death claim were pretty much the exact opposite of how it works in Maryland. Today, we turn to a California lawyer who handles a lot of these claims, to give some thoughts on the nuances of wrongful death in his jurisdiction. It is Mike’s ball from here.
When a person is fatally injured due to the careless, reckless, negligent, or intentional actions of another person, entity, employer, or manufacturer, this is called, in California as in most other states, a wrongful death. This is a statutory claim alleging that a fatality occurred due to a wrongful act or negligence, it is important to consult a law firm that focuses on this area of the law and has the resources to prepare a wrongful death claim.
Time can be crucial in any legal action, to preserve evidence and interview witnesses, which are important factors in a negligent fatal accident. Investigating and preserving evidence will involve investigators, accident reconstruction experts, and medical experts, who can evaluate the evidence collected, as well as the cause of the death. So if you think you might have a claim, you should retain counsel as soon as practicable.