Category Archives: wrongful death

Types of Wrongful Death Cases

In law, there are various categories of cases, one of which is wrongful death. Wrongful death suits are emotionally straining for the families involved and often times, lengthy. They are critical cases that require extensive dedication, research, and initiative from the legal team. There have been several wrongful death cases in our country; however, they are not all the same. There are numerous types of wrongful death lawsuits, and the most common ones are discussed in this article. Wrongful Deaths

Medical Malpractice

This type of case is all too common. Deaths from medical and medicinal errors are very serious situations. If a person dies as a direct result from medical negligence, either from the doctor or hospital authorities, it is considered medical malpractice. It is common for medical malpractice to occur during or after major surgeries, cosmetic procedures, misdiagnosis, and over-medicating patients. As patients, we put our trust into medical authorities; which is why medical malpractice suits are expected and understood. In these cases, your legal team has to prove that the death occurred as a result of intention, or as a result of unintentional negligence. Wrongful Death attorneys

Workplace Deaths

If an employee dies while at work, and on the clock, there could be consequences for the company. If the death happened because the place of employment failed to follow mandatory safety precautions, there might be a case. Cases include slip and fall accidents, malfunctioning equipment, and more. When it comes to workplace deaths and lawsuits, there are many complex laws and regulations to interpret. It is crucial to have highly experienced and professional legal representation if you are ever in this situation. Wrongful Death Lawyers

Faulty Products

Companies and manufacturers are at risk of being sued in a wrongful death case if their products cause fatalities of any kind. Contaminated products or harmful chemicals have been caused of death in the past. If someone you know or a family member has died as a result of faulty or contaminated products, then you could have a serious wrongful death suit in the making. 

Car Accidents

In the case of someone dying in a car accident, there may be a wrongful death situation if the at-fault driver was inebriated in anyway. Also, if a person kills someone in a car accident, and they are not legally approved to drive, they can be sued for wrongful death. If a person is handicapped and driving illegally, they can also be held responsible for wrongful death. If a person who is legally allowed to drive hits and kills someone due to extreme weather conditions, or uncontrollable conditions, they cannot be sued very easily for the death. Wrongful Death Claims

What You Should Know About Accidental Death Law

If a person dies in an accident caused by someone else’s negligence, deliberate behavior or just recklessness, the surviving family member of the victim can claim damages by filing a lawsuit. Since their loved one’s death is untimely, this accounts for a wrongful or accidental death. Through a civil court action the family members can determine the amount of damages they should collect. The process is not simple and therefore to understand more, visit this website for more information about accidental death law.

What The Law Requires For Filing An Accidental Death Lawsuit?

The law requires that one proves that the accident indeed occurred through negligence and solely not because of the victim’s fault. Most importantly, the family members have to show that they are directly impacted financially and emotionally too by the death of their loved one. They must establish that they have suffered measurable damages that merit compensation. Accidental deaths usually occur through medical malpractice, unlawful acts such as crime, work-related accidents and automobile accidents. Click here for more info on this subject.

Who Can File Such A Lawsuit?

The law dictates who can file a wrongful death lawsuit. The surviving spouse, children or close relatives of the deceased can claim damages caused by the death of their loved one. Since they are suing on behalf of the dead victim, they will first have to open a probate estate. If the lawsuit is being filed by a minor then the law requires that a guardian be appointed to look out for his best interest. To understand this better, read more online or visit this website for more information.

Damages Collected In An Accidental Death Lawsuit

Once the surviving relatives have established that indeed death occurred to due negligence, they can claim different damages for medical and burial expenses, as compensation for pain and suffering and lost wages too. Compensation can also include punitive damages intended to punish the perpetrator and discourage similar behavior in future.

Remember that there is a limitation on filing a lawsuit following an accidental death. As you read more online, you will realize that you may even be barred from doing so in the future if you fail to abide by certain regulations. Visit this website and get more valuable information you require on accidental death law.