A loved one was either immediately killed or seriously injured and later died of those injuries. Nothing can ever take the place of your loved one. Nothing. But that said, if the death was wrongful, meaning your loved one died due to the fault of another person or entity, then that person or entity should have to pay, literally, for his, her, or its actions. In some cases, that can mean criminal penalties, but in most cases, that means compensation in the form of money to the decedent’s heirs and loved ones.
So, if you are the heir or otherwise eligible to file a wrongful death claim in California, who do you sue? That depends on each case, of course. In some cases, the answer is straightforward, but in other cases, there may be several potential defendants in a lawsuit. Here’s who you may likely sue in a wrongful death case according to different scenarios.
Auto Accidents in California
Auto accidents that cause serious injury and death occur on a regular basis. The most common defendants in these cases are the at-fault driver and his or her car insurer. There are other times, however, that there may be additional defendants.
For example, if the at-fault driver was driving a company car in furtherance of his or her employment, then the employer — through the doctrine vicarious liability — may also be held responsible and, thus, is suable.
Also, if you are in an accident caused by a truck driver, then there are multiple other entities who could potentially be held responsible depending on the cause and circumstances of the accident. Potential defendants in these cases include:
- The truck driver
- Insurance company
- The owner of the 18-wheeler
- The trucking company
- The shipping company
- Third-parties or contractors, e.g., company/persons who load the truck or who maintains the truck
- Manufacturer or shipper of hazardous materials.
So, as you can see, there can be multiple potential defendants in an auto accident. It depends greatly on the driver and the facts surrounding the accidents.
California Slip & Fall Accidents
Slip and fall accidents can be deadly, especially in work-related situations, like construction jobs. Depending on the circumstances, for example, if someone was negligent in his or her duties, then he or she or the employer could be sued. But apart from employment-related slip and fall accidents, these types of accidents can happen elsewhere. A store or property owner may have neglected a part of a building, a staircase maybe, and your loved one walked up the staircase and it gave way, leading to injuries that ultimately led to the death of your loved one. So, in slip and fall cases, the potential defendants include:
- Insurance companies
- Negligent employers
- Negligent property owners.
Opioid Addiction in California
Opioid addiction and overdose is serious and has led to thousands of deaths over the years, and the number of deaths are only increasing despite of the awareness. Most defendants in these cases have been the manufacturers and distributors of opioid drugs. But in some cases, it could be a doctor or medical entity that prescribed the opioid drugs negligently or recklessly and in some cases knowingly.
California Product-Related Deaths
There are many products in use — chemicals especially — that are now known carcinogens. Roundup and asbestos are two products that are associated with causing specific types of cancer — cancer that is most often aggressive and deadly. In wrongful death cases involving either of these products, potential defendants have traditionally been:
- Employers
- Manufacturers
- Distributors
- Anyone along the supply chain.
Understanding who to sue in your case is important. It can make the difference between getting just and fair compensation or just getting some compensation, if any. An experienced wrongful death attorney will be able to identify the key actors — those parties negligent or otherwise responsible for the death of your loved one — and will make sure that they are targeted in your lawsuit. Responsible parties should not escape justice, so retain a lawyer who understands and will pursue a claim against the rightful defendants.
