5 Ways How Wrongful Death Occurs
When a person’s misconduct or negligence results in another person’s death, family members or dependents of the deceased person can bring a civil action against the liable party on the grounds of wrongful death.
Want to know if you or someone you know is entitled to wrongful death compensation? Let’s take a look at some of the ways wrongful death occurs:
Traffic accidents
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Some of the most common causes of fatal traffic accidents are reckless driving, driving under influence, poor maintenance of the road, speeding, weather conditions and traffic accidents caused by animals.
By investigating the circumstances of the accident and analyzing medical records of the persons involved in the car crash, a lawyer will be able to determine the liable person and assess the damages for wrongful death.
Car accidents are not the only traffic accidents that can lead to wrongful death. Due to the often lengthy and exhausting trips that truck drivers take daily, commercial truck accidents are another common cause of wrongful death.
Sometimes the reason for these accidents will be negligence, such as ignoring the traffic signs, and other times, it will be more of a matter of recklessness. In the latter cases, these accidents usually occur due to fatigue.
One important thing to remember is that trucking companies are responsible for their employees, so if it is the truck driver’s fault that the accident occur, motor carriers could be held liable for the wrongful death.
In other cases, where the accidents were caused by vehicle failure, a manufacturer of the vehicle may be held accountable. Moreover, if the fatal consequences occurred due to poor conditions of the road or the improper maintenance of the highway, contracts and local governments may be responsible for failing to take care of these dangerous conditions.
If a pedestrian dies due to a traffic accident, it will be of crucial importance to determine whether they obeyed traffic signals at the time of impact, if they used crosswalks or sidewalks in the proper way, as well as if they were distracted while crossing the road.
Alongside security camera videos and evidence from the accident scene, testimonies from witnesses can provide insight about driver’s or pedestrian’s negligence
Medical malpractice
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Doctors are prone to errors and mistakes, and when those errors result in fatal consequences, they can constitute medical malpractice.
These are some examples of medical malpractice:
- Incorrect or untimely diagnosis of the patient’s condition
- Improper natal care
- Improper treatment of the fetus or the pregnant woman
- Malpractice due to prolonged labor and improper delivery
- Failure to control maternal post-delivery blood loss
- Failing to use correct medical or surgical equipment or using defective medical devices
- Not performing the required medical tests
- Untimely treatment of a disease
- Wrong prescriptions or dosages of medication or anesthesia
- Performing unnecessary surgeries
Pursuing a medical malpractice case can be quite complex and demanding. It is not easy to prove that a doctor who provided treatment didn’t act with reasonable care and it is even harder to find another medical expert to witness this before the court.
Damages in these cases can be high and the health provider or the hospital will likely try to prove that a person whose wrongful death occurred has contributed to the fatal outcome. In cases like these, it’s best to hire an experienced wrongful death attorney.
If you’d like to get a free consultation on your options and the best course of action, check this out.
Work accidents
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In 2021, as per the statistics from the Officer Down Memorial Page, 574 police officers in the US died in the line of duty. This is not the only cause of wrongful death occurring at the workplace.
Many other dangerous professions can lead to workplace-related injuries, including those which require the management of heavy or dangerous machinery by factory workers or where slips-and-falls occur to construction workers.
Other work-related accidents can be a result of things like toxic exposure at work, exposure to extreme temperatures, electrocution, overexertion and many other circumstances.
An employer is obliged to cover worker’s compensation insurance and to provide death benefits, such as funeral and support payments, to the deceased persons’ dependents.
A wrongful death attorney can help you identify the person liable for the accident, prove that there is a link between their negligence and the wrongful death, and ultimately handle the workers’ compensation case.
Product defects
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Wrongful death can occur due to the usage of an unsafe product. Manufacturers of dangerous or defective products can be held liable for accidents that occur due to product defects, along with product sellers, retailers and distributors.
In other words, if the product is designed or manufactured in a faulty manner or if it can be dangerous or cause harm to its user but a warning label is not included on the product, dependents of the deceased person may be able to recover compensation.
However, these cases are often time-sensitive and require a great deal of investigation, as well as negotiation with the insurance companies. To preserve the crucial evidence, you should hire an expert wrongful death attorney to begin the claims process within the shortest amount of time.
Premises liability
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If your loved one has suffered fatal consequences due to an animal attack on a neighbor’s premises or they drowned at the pool where there were no lifeguards present or safety equipment placed, you might have a case of premises liability at your hands.
Every property owner must ensure that their site is safe for any visitors. If the owners are aware of hazards related to their premises, they are obliged to warn others of these dangers and take steps to remedy them.
It’s highly likely that in cases such as these, your claim will be defended by corporate lawyers, so it is advised that you don’t act against them without having an experienced legal representation on your side.
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About the Author
Bibhuranjan Editorial Officer, technofaq.org I'm an avid tech enthusiast at heart. I like to mug up on new and exciting developments on science and tech and have a deep love for PC gaming. Other hobbies include writing blog posts, music and DIY projects.
