In fire accidents, it’s critical to comprehend a wrongful death claim in order to comprehend claims for deaths. However, someone from the estate (or a relative of the deceased) can sue the defendant for wrongful death. Legal claims like intentional torts and negligence are all included in a wrongful death claim. In spite of the fact that the original plaintiff has passed away, wrongful death claims still permit the family of the deceased to file a lawsuit.
Who May Bring a Lawsuit for Wrongful Death by Fire?
The plaintiff must have “standing” in order to bring a wrongful death claim. The concept of standing is utilized to assess whether the plaintiff has the legal right to sue the deceased. A list of different parties that may file a wrongful death lawsuit is in California statutes. These parties consist of:
- Surviving partners
- Domestic partners who live
- Descendants of the deceased (this includes stepchildren and foster children)
- Descendants of the deceased
- Others who were suitable for a share of the estate per the decedent’s will
Damages in a Death Caused by Fire Accidents
In a case involving a fatal fire, the plaintiff may get compassion. Whether a claim is for fire injuries or wrongful death will determine the damages. The severity of the injuries also affects the number of damages. For example, these harms consist of:
- Previous medical costs
- Future healthcare costs
- Potential future suffering
- Loss of pleasure in life Loss of companionship
- Emotional angst
- Funeral costs
- Punitive damages, in some circumstances
What Leads to Deaths From Fire Accidents?
There are many different causes of fire-related deaths. For example, the most common causes are wildfires, products with flaws, candles, and electrical issues. In fact, in California, wildfires are the primary cause of flames. However, a faulty device, like an oven, might cause a fire that could completely destroy a neighborhood. In addition, forgotten or unattended candles run the risk of serious house fires. Also, issues with the home’s electrical system could cause devastating fires that destroy the entire neighborhood.
Defendants in a Wrongful Death Claim Caused by Fire Accidents
To ascertain who would be a suitable defendant in the lawsuit, professional legal counsel is crucial. The following examples of parties that could be defendants:
Electrical companies: for maintenance, wiring, and malfunctioning electrical parts.
Manufacturing firms: accountable for the fire’s initial cause, which was faulty products.
Businesses: Companies may be held accountable for the extensive damage caused by the fire they started if they neglect to properly maintain their fire sprinkler systems.
Contractors: Under the negligence theory, contractors who improperly built fireproof homes could be accountable.
Property owners: Under the negligence hypothesis, homeowners in the area who didn’t maintain their fire extinguishers and smoke detectors properly, may be accountable for damages to other residences.
Gas and electric companies: The most typical defendants in wrongful death-related claims are electric and gas providers. Electric firms like Pacific Gas and Electric, or PG&E, might incur large losses if they fail to maintain their power line.
If you or a loved one has suffered from property damage and/or personal injury, it’s critical to get legal counsel right away. Experienced attorneys will be better able to ascertain the origin of the fire and the identities of any prospective defendants. Further, damages must be computed against each defendant after the defendants have been identified.
Contact our skilled Los Angeles attorneys immediately for a free consultation to see whether you have a viable wrongful claim against the party at fault if you or someone you know has been hurt by fires or has perished in a fire. Wrongful death cases are one of our many practices. Please dial 310.943.1171 to speak to our specialized attorneys.