What is the Definition of Wrongful Death?

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What is the Definition of wrongful death?
A Guide for Family Members who Lose Loved Ones
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California Civil Code Definition
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According to California Code of Procedure
section 377.60
A cause of action for the death of a person
caused by the wrongful act or neglect of another
may be asserted by any of the following persons
or by the decedent's personal representative on
their behalf
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Persons who can bring wrongful death actions
include spouses, children, dependent minors, or
whomever would be entitled to the deceaseds
property under intestacy rules
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What Is Wrongful Death?
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Wrongful death refers to a death that occurs
because of
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Wrongful death refers to a death that occurs
because of
Negligence
A breach of legal duty/ failure to fulfill a
legal obligation
Intentional wrongdoing
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The death must be an untimely death that would
not have occurred but for the breach or wrongdoing
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Did a Wrongful Death Occur?
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The determination of whether a wrongful death
occurred must be made on a case-by-case basis
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If a family member sues, the jury will decide
whether a wrongful death has occurred
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The defendants actions are considered to
determine
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The defendants actions are considered to
determine
If the defendant acted unreasonably carelessly or
in violation of a legal obligation
The defendants actions were the direct cause of
the untimely death
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Examples of Wrongful Death
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Examples of wrongful death include
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A death that occurs because a doctor fails to
diagnose cancer
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A death that occurs because of a car accident
caused by a driver who ran a red light
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A death that occurs because the unexpected side
effects of a dangerous drug resulted in a heart
attack
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An attorney can help to determine if a wrongful
death occurred
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LEARN MORE ABOUT WRONGFUL DEATH IN SAN DIEGO
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