After suffering the loss of a family member, many wonder what constitutes a wrongful death lawsuit? Well, it’s a death caused by negligence or a situation in which the deceased would have had the right to sue for personal injury damages if death hadn’t occurred.
Sadly, many people have lost family and friends due to wrongful death. No amount of money can return your loved one or measure up to the impact the loss has on your life. However, if you bring a wrongful death lawsuit, you can seek justice on behalf of your departed loved one and the surviving family.
Read on to learn more about some of the most common causes of wrongful death claims.
1. Car Accidents
Car accidents are some of the most traumatic events a person can encounter in their lifetime. It is estimated that 77% of drivers will be involved in at least one car accident during their driving career. But what’s even more devastating is when someone loses their life as a result of someone else’s negligence.
Wrongful deaths can occur due to the car manufacturer’s negligence, highway maintenance negligence, or a motorist’s distraction. Either way, the surviving family could be eligible to file for wrongful death.
2. Workplace Accidents
Workplace accidents, like any other type of accident, can result in serious injury. They can also result in the loss of life. If a family member dies due to a workplace accident, you may be eligible for workers’ compensation benefits and a wrongful death claim.
Employers should take safety precautions, such as providing protective equipment and educating employees to prevent incidents that could result in death.
3. Medical Malpractice
Medical malpractice occurs when a healthcare professional’s negligence causes harm, injury, or death, affecting thousands of individuals each year. For example, when a healthcare provider fails to follow the accepted standard of care for a patient resulting in death, it becomes grounds for wrongful death.
If your loved one dies following wrongful death by medical negligence, whether due to an injury, a misdiagnosis, or something else, you are entitled to file a wrongful death claim. You could either sue the medical practitioner, sue the hospital, or sue the pharmaceutical company in such a case.
4. Motorcycle Accidents
The majority of deaths in these incidents occur when vehicles fail to detect motorcycle riders, which might be avoided by merely checking before changing lanes.
Suppose a loved one died due during motorcycle accident. In that case, you should consider filing a wrongful death claim to seek compensation for the loss of life. Suppose your attorney negotiates a favorable settlement or obtains a favorable court ruling. In that case, you may be able to recover healthcare and medical expenditures, lost income, and other benefits.
5. Airplane Accidents
Wrongful deaths can also occur as a result of plane crashes. Mechanical failure, poor weather, and pilot error, such as insufficient training or exhaustion, can all contribute to plane crashes. When an airplane crashes, the airline or the manufacturer bears responsibility.
If the crash was caused by the pilots’ negligence, the family members could file a wrongful death lawsuit against the particular airline. If the death was caused by a defective part of the plane, the manufacturer might be held accountable.
6. Pedestrian Accidents
Because pedestrians have little to no physical protection gear, accidents involving them are more likely to result in fatalities. The most prevalent cause of these incidents is the driver’s fault.
However, in cases where the driver couldn’t see the pedestrian owing to a lack of conspicuous pedestrian walkways, the city or county may be held accountable. Either way, this can lead to a wrongful death claim.
7. Product Liability
Manufacturers, suppliers, distributors, and retailers commit product liability negligence when they sell defective products to their customers, resulting in harm or death. Manufacturers and suppliers may be held liable for the deaths caused by their products.
Seek Justice for Your Loved Ones
Civil action can seem insurmountable or overwhelming in a time of grief. Nothing will bring them back or take away your pain. However, with the help of a dedicated wrongful death lawyer you and your family can pursue justice in the deceased name.