Have you lost your loved one in what you think as a result of someone’s fault or wrongful death? Studies show that deaths as a result of other people’s reckless or negligent behavior are common. However, it can be challenging to hold another person liable for wrongful death. All the same, the good news is that you can file a wrongful death claim if it is possible to prove that someone’s reckless conduct caused the loss of life of your loved one.
Read on to learn different types of wrongful death claims that you can make following the demise of your relative in unclear circumstances.
Negligent Acts in The Workplace
Surviving family members can file wrongful death claims if they can prove that the death of their loved one was a result of negligent acts, such as failure to follow standard procedures and safety regulations. In other words, it is important to prove that the defendant had duty care to the deceased person. The wrongdoer would have acted unreasonably and breached their duty care to the plaintiff.
Negligent acts that constitute wrongful death vary and they are preventable if different people observe duty care. For instance, wrongful conduct in the workplace can cause deaths of the other coworkers. A good example is where one switches on industrial equipment under service without warning or checking the safety of the technicians. Construction site deaths also warranty wrongful death claims.
Who Can Make a Wrongful Death Claim?
The direct dependents and beneficiaries of the deceased are entitled to get damages in a wrongful death lawsuit. These beneficiaries include the surviving spouse, parents, and siblings. To get recovery from the loss of life caused by someone’s negligence, you can consider enlisting the services of wrongful death attorneys since they can provide compassionate legal representation. Experienced lawyers know how to handle such cases, and they can seek the right compensation based on loss of companionship, future earnings, and emotional support to the family. The attorneys also work with financial gurus to determine the potential losses of future earnings following the death of the breadwinner in the family.
Car, Motorcycle, and Truck
The most typical types of wrongful death can be attributed to vehicle accidents as a result of acts like reckless driving, speeding, distracted driving, and drunk driving. Auto defects can also contribute to the wrongful deaths of innocent people on the road. On the other hand, truck drivers can also contribute to wrongful death as a result of failing to observe traffic signs, fatigue, aggressive driving, and company negligence. Driving under poor weather conditions, mechanical defects as well as carrying an overweight load are some of the preventable acts that can lead to wrongful deaths.
In the same vein, recreational accidents and drowning are also classified as wrongful death. It is essential to prove negligence leading to the loss of life of your loved one. In the case of drowning while cruising, the owner of the boat can be held liable for wrongful death. Such lawsuits are not about money, but promoting justice.
While medical practitioners, such as doctors and nurses, are good at their jobs, chances of wrongful deaths cannot be ruled out. However, it is very difficult to prove wrongful death during a medical procedure. There are instances where doctors and nurses fail to follow the right procedures, and this can result in loss of life.
Examples of such cases include wrong diagnosis, birth injury, no informed consent, surgical and pharmaceutical errors. Improper treatment, together with the use of defective medical devices, can also lead to preventable death in the healthcare practice. Medical errors and overdoses can also be classified as acts of wrongful death. Experienced medical practitioners are expected to display a high degree of professionalism in their conduct.
Dangerous or defective products can lead to accidental poisoning or death, and this constitutes wrongful death. Manufacturers and retailers of different products must ensure that their offerings meet the regulated quality and safety standards. The manufacturers of the products will be liable if consumers lose their life following the use of the goods.
In some cases, loss of human life can be prevented if people pay duty care to others around them. Elements such as negligent acts in the workplace, reckless driving, medical malpractice, as well as product liability, are all good examples of wrongful death. To file a wrongful death claim, you need to prove the cause of the death of your loved one. However, you need expert legal representation by a qualified wrongful death attorney to increase your chances of receiving fair compensation. Indeed, compensation does not bring lost life back, but the survivors can get financial relief from the proceeds of the benefits paid.