A wrongful death claim is a civil lawsuit made after someone dies as a result of the negligence of another person or organization. In California, wrongful death claims can be made by a deceased person’s spouse, domestic partner, parents, children of deceased siblings, grandparents or anyone financially dependent on the deceased person. It is important to note that wrongful death does not occur in the same circumstances as homicide; think of it more as an extreme personal injury case.
Newly-released information about the recent debacle between the Chula Vista Fire Department (CVFD) and the California Highway Patrol (CHP) revealed that an incident involving the two departments had the potential to result in a wrongful death. A Ford Mustang flipped over on I-805, and the CVFD responded first to the scene. The fire truck was parked to protect emergency crews and accident victims from oncoming traffic. Then, a CHP officer arrived and ordered a fireman, who was busy attending to the accident victims, to move the fire truck. “[The fireman] explained he could not do so when there were patients who needed their care,” according to court documents.
The CHP officer then arrested the fireman, which “violated Penal Code section 148, because it served to ‘resist, delay and obstruct” [the firemen] who were ‘in the discharge’ of their duties to care for the sick and injured,” according to documents. If the accident victim had died because the fireman was incapable of treating their wounds after being arrested by the CHP officer, then the victim’s family could have a wrongful death claim against CHP.
I Need A Wrongful Death Attorney In San Diego
If a loved one has died as a result of an organization’s negligence, our San Diego accident attorneys will ensure that you are fully compensated for your loss. The family of the deceased needs financial support for more than just the funeral expenses. Our lawyers will also take into account the psychological damage and emotional heartbreak that comes with losing a loved one. For more information, call our firm at (858) 261-5454.
[Did You Know: In 1960, California was the first state to classify intentional emotional distress ending in a suicide as wrongful death.]
Bonnici Law Group, APC—San Diego injury attorney
Source: http://tribkswb.files.wordpress.com/2014/03/firefighterchpclaim.pdf, http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1343&context=llr