Understanding Different Types of Wrongful Death
Losing a loved one is painful, especially when someone else's negligence or recklessness caused the death. And although you cannot do anything to bring them back, you can still seek justice for your loved one through a wrongful death lawsuit. Read on to understand wrongful death, its causes, and how to get help from a reliable attorney.
What Is Wrongful Death?
Under the law, wrongful death occurs when one person dies due to another's actions or negligence. The faulty party had a duty to keep the victim safe and failed to do so. For example, when a driver drives negligently and causes an accident, resulting in the death of another person, then the driver is legally liable for wrongful death.
What Are the Causes of Wrongful Death?
Discover some possible culprits of wrongful death and what to do.
Motor Vehicle Accidents
Car accidents are probably the most common cause of wrongful death. Negligent driving, such as speeding, distracted driving (texting while driving), or drunk driving, can easily lead to fatal accidents. In such cases, the victim's family can file a lawsuit against the at-fault driver, seeking justice and compensation for damages caused by their negligence.
However, for your case to be viable, you must prove that the other driver was driving negligently, that their negligence caused the accident, and that this directly resulted in your loved one's death.
Medical Malpractice
If a doctor or other healthcare professional fails to provide reasonable care for a patient, resulting in their death, you can sue the practitioner for wrongful death. To prove such cases, you must demonstrate the standard of care a similar healthcare provider provided in similar circumstances and how the defendant failed to meet it.
Defective Products
Defective products can also cause wrongful deaths if they malfunction or fail to work as expected due to design flaws or manufacturing defects. For example, suppose the seatbelt of a car fails to work in an accident, leading to its occupant's death. In that case, the manufacturer can be held liable for wrongful death.
In the same way, if a battery explodes due to design defects, resulting in a fire that kills someone, then the battery maker can be held responsible for wrongful death. Unclear labeling may also be used as evidence of a manufacturer's negligence.
Workplace Injuries
Employers should provide a safe work environment for their employees, free from any hazardous materials or activities. Suppose the employers fail to do so, and an employee dies due to negligence or recklessness on the employer's part. In that case, the employee's family can file a wrongful death lawsuit against the employer.
Criminal Activity
Intentional criminal activities such as murder can also be held liable for wrongful death. For instance, if burglars enter a house intending to steal but kill someone in the process, the burglar can be held liable for wrongful death. Similarly, if one dies from a sexual assault such as rape, the assailant can be charged with wrongful death and other criminal charges.
Consult a Personal Injury Attorney
If you lose a loved one due to someone else's negligence or recklessness, hire an experienced personal injury lawyer to help you through the legal process. A good attorney will protect your rights and maximize the compensation you receive for losing your loved one.
The lawyer will first assess your case to establish if negligence was involved, and if so, will help you build a case against the responsible party. Then, the professional will help you gather solid evidence, represent you in court, and negotiate with insurance companies to get the best possible outcome.
You can trust us at Borbi, Clancy & Patrizi, LLC, to provide you with the highest quality legal representation. Our experienced attorneys are here to help you through your wrongful death case, providing you with professional and compassionate representation. So contact us today for a consultation, and let us begin building your case.