Examples of Common Wrongful Death Claims
Wrongful death occurs when a person passes away as a result of another party’s negligence or intentional misconduct. In these situations, the decedent’s family or estate can seek compensation for their losses related to the victim’s death. This can include funeral and burial expenses, lost wages, and lost companionship.
Pursuing a wrongful death claim can help the family recover financial losses incurred due to the unfortunate death. In addition, it also holds the responsible parties accountable for their actions.
Common Examples of Wrongful Death
Wrongful death claims can be caused by a wide range of negligent or intentional acts, including the following:
Car Accidents: One of the most common causes of wrongful death is car accidents. Thousands of accidents and fatalities occur each year due to various reasons such as reckless driving, distracted driving, or even automotive defects. These tragic situations can lead to the loss of loved ones and leave behind emotional and financial turmoil for those left behind.
Medical Malpractice: Medical malpractice is another common cause of wrongful death. When healthcare providers neglect to deliver the necessary standard of care which results in death, they can be held accountable for their negligence.
For instance, if a doctor fails to recognize a patient’s severe medical issue and consequently, the patient dies, the deceased’s family might be justified in seeking a wrongful death lawsuit against the doctor.
Product Liability: Product liability cases involve faulty or dangerous products that cause injury or death to consumers. In these cases, the manufacturer of the product or other parties in the chain of distribution may be liable for the wrongful death of the consumer.
If a faulty lawnmower causes a deadly accident, then the family of the victim may have the right to file a claim against the manufacturer and/or seller of that lawnmower under product liability laws.
Or, if a defective airbag causes the victim’s death, then the family of the deceased can explore the option of pursuing a product liability claim against the responsible airbag manufacturer and/or seller.
Premises Liability: Premises liability occurs when a property owner fails to maintain a safe environment for visitors on their premises.
For example, if someone is killed due to a dangerous condition on someone else’s property, such as an icy walkway or broken stairs, the family of the deceased may be able to bring a premises liability claim against the owner of that property.
Similarly, if someone is killed due to inadequate security measures on someone else’s property, such as an unlocked door or insufficient lighting, then the family of the deceased may be able to bring a premises liability claim against the owner of that property.
Bicycle and Pedestrian Accidents: Bicycle and pedestrian accidents can also result in wrongful death. In these instances, a driver may be held liable if they are found at fault for the accident due to negligence or recklessness.
For example, if a cyclist is killed by a negligent driver, then the family of the deceased may be able to bring a claim against that driver. Similarly, if a pedestrian is killed due to a city’s failure to maintain safe sidewalks and roads, then the family of the deceased may be able to bring a claim against the city.
Wrongful death is an unfortunate and tragic occurrence that can have a devastating effect on surviving family members. It’s essential that individuals who have been affected by wrongful death understand their legal rights and seek guidance from a qualified wrongful death attorney. With the help of an experienced attorney, they can pursue justice and have a better chance of securing the compensation they deserve.
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