Wrongful death is the result of a death caused by negligent, careless, or reckless actions of another entity. Most of the wrongful death claims involve accidents. However, these claims can be the result of incidents like defective automotive parts such as faulty braking systems or tires or bad prescription medication.
The reasons for wrongful deaths can be anything. However, here are the most common reasons that arise in wrongful death lawsuits:
Automobiles accidents are the most common causes and these are the kinds of accidents that can occur in several ways. Driving is a privilege, not a right. Motorists are required to obey rules of the road, exercise caution while driving and drive safely as per the weather conditions. Wrongful death can occur due to the driver’s carelessness. For instance, if the driver is not paying attention and gets into an accident the passenger is in danger due to the driver’s negligence. Thus if the passenger dies because of the accident, then the passenger’s family may have a wrongful death case on their hands.
Impaired, distracted, aggressive, or drunk drivers as well as pedestrian fatalities and road construction can cause wrongful death lawsuits. In case any person dies due to the negligence of another driver on the road, the family of the victim can file a suit against the person at fault.
The cases of wrongful death can be against automotive manufacturing companies as well. The reason could be the defect in the seats, tires, brakes, or any other part of the vehicle that might malfunction when they are driving.
Product liability refers to an area of law that holds the distributors, retailers, suppliers, and manufacturers liable for products they distribute, sell, produce, and supply to consumers in case the product is deemed to be defective. There are three kinds of product liabilities i.e. manufacturing defect, design defect as well as failure to warn the consumers of defects. While claiming negligence in a wrongful death action involving product liability, the plaintiff needs to prove duty owed, breach of duty owed and an injury caused due to breach.
If you have been reading the news, you would be aware of how Johnson & Johnson was dragged to court as their talcum powder was found to have traces of cancerous asbestos. Several customers developed symptoms and some even lost their lives. Product liability often means taking the fight to the bigger businesses and corporations. The Law Offices of Dr. Michael M. Wilson M.D., J.D. & Associates has been able to help defective product liability victims file personal injury lawsuits and get just and fair compensation for the damages that were experienced from using the products.
Accidents at the Workplace
Accidents that occur at the workplace are also one of the common causes of wrongful death. Any person can be involved in a workplace accident that could result in death. These accidents include equipment malfunctioning, slips, and falls, burns, and explosions. The worksites that are known for the wrongful death are manufacturing plants, mining locations, and construction sites. In case an employee dies due to the result of an accident at work, wrongful death actions can be filed against the lawyer.
There is no doubt that one of the key reasons for wrongful deaths is medical malpractice. Most experts recommend that getting in touch with a medical malpractice defense attorney can help in such cases. From arguing about the laxity of the medical professionals in a court of law to ensuring that adequate compensation is paid out to the victim, a medical malpractice defense attorney can do all this and much more.
Healthcare providers are expected to ensure a proper diagnosis, prescription, and treatment. However, a small mistake in the prescription, diagnosis, or treatment can cause wrongful death. The extreme cases include surgical and anesthesia errors. The list of other medical malpractice mistakes includes defective medical devices, birth injury, wrongful medication, etc.
Healthcare providers are trusted to provide standard care as well as treatment. It can be traumatic to lose a loved one due to a medical error by a doctor trusted to improve the life of the patient. In case it is proven, you can recover damages as compensation for the loss. If you still have a doubt, you can consult a wrongful death attorney and get the wrongful death answers you’re looking for.