Do you wonder if you have a wrongful death case? You’re not alone. Thousands of people die yearly due to another person or entity’s negligence.
When negligence leads to the death of a loved one, the surviving family members can file a wrongful death lawsuit. The goal is to receive compensation for financial losses and alleviate the emotional stress of losing a loved one.
You may wonder how to determine if you have the proper case. These factors can be similar to your average personal injury case.
Keep reading to learn more about the most common wrongful death cases.
Table of Contents
Vehicle Accidents
Vehicle accidents are one of the most common types of wrongful death cases. It is when someone is killed due to the negligence of another. Failure in a vehicle accident can be demonstrated by a driver not obeying traffic laws, such as:
- Speeding
- Failing to yield at an intersection
- Driving under the influence of drugs or alcohol
- Texting while behind the wheel
Other cases may arise from defective car parts or poorly designed roads. In each case, the negligent party may be held responsible. They must provide monetary compensation to the surviving family members of the deceased victim.
Wrongful death cases can result from a variety of incidents. When it comes to vehicle collisions, extensive research and investigation into the crash’s specifics must be conducted to prove negligence. It secures appropriate compensation for the surviving family.
Medical Malpractice
Wrongful death cases involving medical malpractice occur frequently. According to the American Bar Association, failure to diagnose, misdiagnosis, or incorrect diagnosis is among the most frequent causes of death due to medical malpractice.
Negligence can occur when a doctor takes unnecessary risks. It operates without thoroughly weighing the risks. Delayed treatment or failing to provide the appropriate level of care given the patient’s condition is also a common cause.
In addition, medication errors and failure to obtain informed consent can all lead to the wrongful death of a patient. Cases involving a manufacturer’s defect in a medical device or pharmaceutical can also fall under the same category.
Families affected by wrongful death due to medical malpractice must seek legal counsel from a qualified wrongful death attorney. Learn more about Alpha Accident lawyers if you want to file a lawsuit for wrongful death or any other personal injury case.
Accidental Poisoning and Overdoses
Accidental poisoning and overdoses are two of the most common wrongful death cases. It is estimated that unintentional poisoning from drugs and medications accounts for thousands of annual deaths in the U.S. These cases often involve some negligence or wrongful act, such as:
- A doctor prescribing an incorrect dosage,
- A drug or supplement manufacturer failing to include a warning
- A pharmacist or healthcare provider making a mistake
In addition, deaths from accidental overdose can occur when individuals take prescription or non-prescription drugs in amounts that exceed the recommended dose. In these situations, family members may be able to pursue a wrongful death claim against the individual or entity responsible.
In addition to seeking compensation for damages, such as:
- Medical bills
- Funeral expenses
- Loss of income
Loved ones may also be able to file a suit for emotional distress and punitive damages.
Workplace Accidents
The most common type of wrongful death cases is those related to workplace accidents. This can include cases where an employer fails to provide proper safety measures. In such cases, the victims’ families may be able to hold accountable the employer, the manufacturer, or the other worker to seek compensation for their losses.
Wrongful death cases related to workplace accidents are complex. It requires the skill of experienced attorneys to seek justice for the victims’ families.
Defective Products
Wrongful death cases caused by defective products are some of the most devastating and heartbreaking tragedies in society. These cases involve a person being killed due to a product malfunction or error.
In many cases, a manufacturer will be held liable for a defective product due to failing to meet safety standards. Unfortunately, these cases can cause irreversible damage to a family due to losing their loved one.
They can take an emotional and financial toll on them. Seeking justice in these cases is one of the best ways to ensure manufacturers stop producing dangerous and faulty products.
Pedestrian Accidents
Pedestrian accidents are a leading cause of wrongful death cases across the world. In the United States, pedestrian deaths outpace those from car crashes and other kinds of accidents. Making them the most common type of wrongful death case.
Such cases involve negligence on the part of motorists when pedestrians are killed or seriously injured. Pedestrian wrongful death cases also involve any dangerous public or private space condition. In all cases, the goal is to identify and hold the responsible parties accountable for their actions.
Aviation Accidents
When an aircraft crashes, it can be challenging to understand the full extent of the tragedy. All too often, it is not one but many perished souls who have had their lives cut short due to an aviation accident.
No matter the cause of the accident, the sad reality remains that an innocent life has been lost. Families should pursue justice for their lost loved ones through a wrongful death suit if they believe that negligence or misconduct was the cause of the fatal crash.
Premises Liability
Regarding premises liability, the most common types of wrongful death cases involve slips and falls. Slip and fall accidents happen when an individual is injured due to an issue with the property.
Other acts of negligence may be cited in cases such as inadequate security, which can lead to violent altercations or dangerous conditions, such as building fires or swimming pools without adequate fencing. Depending on the specifics, premises liability cases may be pursued in court, resulting in significant financial settlements for surviving family members.
Understanding Wrongful Death
Wrongful death cases vary widely by type, but the most common types tend to involve medical or workplace negligence or a lack of passenger/injury safety measures. It is vital to understand the fundamental principles of a wrongful death case and seek legal guidance immediately if you or a loved one have experienced a wrongful death. Seek an experienced wrongful death lawyer to help you obtain justice.
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