Falls Resulting in Wrongful Death By Sean Burke on October 16, 2022

student on stairsSlips and falls are one of the most common types of accidents. Many slips and falls are minor, and result in insignificant injuries or none at all. Unfortunately, some are more serious. A fall from a steep height, or one that causes someone to strike their head, could easily result in catastrophic injuries or death.

When a fall results in wrongful death, meaning the accident was preventable and was caused by negligence, a wrongful death claim can be filed. Wrongful death attorney Sean M. Burke works with grieving family members in the IrvineCA, area to hold liable parties accountable for losses related to a wrongful death. 

Recognizing a Wrongful Death

For a lawsuit to be filed after a fatal fall, the plaintiff needs to be able to demonstrate that the death was wrongful. Under the definition of the law, a wrongful death is one that is caused by the reckless or negligent actions of another person or party. In other words, had those actions not been made, the death would have been prevented.

What to Do if a Loved One Dies in a Fall

The death of a loved one is devastating and life-changing. Understandably, family members need time to grieve that loss. If someone even suspects that their loved one’s fall was caused by recklessness or neglect, they should contact a wrongful death attorney as soon as possible. 

Statutes of limitations limit the amount of time in which a wrongful death claim can be filed. In California, the statute of limitations for a wrongful death claim is two years from the date of the death. Two years may sound lengthy, but it takes time to gather evidence to support a wrongful death claim, so it is important to act quickly following the death of a family member.

Our legal team works alongside accident investigators to collect the evidence necessary to prove the key aspects of a wrongful death claim on behalf of our Irvine clients. We want to be sure we can establish that:

  1. The defendant had a duty of care to the deceased
  2. The defendant neglected that duty of care, which was a direct cause of the slip/fall
  3. The deceased died as a result of injuries from their fall
  4. The deceased and/or surviving descendants suffered physical, emotional, and/or financial losses as a result of the death 

Potential Wrongful Death Damages

When descendants of the deceased file a wrongful death claim, they have the right to pursue compensation for their own losses, as well as those suffered by their loved one between the time of their accident and their death. Depending on the circumstances of each case, our Irvine clients may pursue damages for:

  • Medical expenses
  • Loss of income
  • Loss of benefits
  • Pain and suffering
  • Funeral and burial expenses
  • Loss of consortium (companionship)

Contact Us

If you lost a loved one as the result of a fall accident that you believe was caused by another person or party’s reckless or negligent actions, attorney Sean M. Burke can determine if you have grounds to file a wrongful death claim. To schedule a personalized case review, send us a message online, or call (949) 644-3434.

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