Wrongful death claims stem from accidents, including those that occur in the workplace. According to the U.S. Bureau of Labor Statistics, there will be 4,764 fatal work accidents in 2020, which means one worker will die every 111 minutes. The causes of these accidents are as diverse as the people involved, but the most common are workplace accidents. Let’s take a look at some of these common causes.
Negligent or Reckless Driving
Car accidents are one of the leading causes of accidental death in the United States, with over sixteen million drivers on the road. Many car accidents result from reckless or negligent driving, including speeding, cutting others off in traffic, or driving under the influence. When a driver’s negligence or recklessness is responsible for an accident, they may be liable for the injuries or deaths they cause. A wrongful death lawsuit, with the help of professionals such as lawyers at Hassett & George, P.C., can help victims hold negligent drivers responsible for their actions.
Medical Malpractice
While the causes of wrongful death are often linked to medical malpractice, the exact nature of these claims can vary. However, diagnostic errors are the most common cause of these wrongful deaths. Diagnoses are incorrect because a provider failed to diagnose the patient’s illness properly, or a mistake was made when the doctor failed to communicate with the patient about their condition. In addition, diagnostic errors can also result from improperly administered medication or substandard facility management practices.
Product Liability
In cases of wrongful death, the surviving family members of the deceased can file a lawsuit to recover economic and non-economic damages, including emotional distress, missed future enjoyment, and lost life plans. In some cases, punitive damages may also be awarded. For example, if the product was defectively labeled, it could be liable for wrongful death. Product liability insurance policies sometimes cover non-economic damages, but there are a few stipulations.
Breach of Duty
When someone’s negligence causes someone’s death, a wrongful death lawsuit may be the appropriate remedy. Specifically, a plaintiff must show that the negligent party failed to do its duty of care to prevent the injury. For example, a nightclub owner is responsible for keeping patrons safe and must provide enough trained security guards. If that duty is not met, a plaintiff may be able to recover damages from the nightclub owner.
Negligent Design
If a defective product has killed your loved one, you may be able to make a case for damages from the product manufacturer. Many products can be dangerous and may fail to provide the protection necessary for workers. You should contact a qualified attorney if you or a loved one has been killed due to a defective product. They can determine if another party is also to blame.
Faulty Manufacturing
Defective products can lead to wrongful death. Manufacturers must take proper precautions to ensure the safety of their products, but sometimes things go wrong. A faulty product can cause death, including defective pharmaceuticals, dangerous toys, and harmful children’s products. In addition to faulty products, workplace accidents can be grounds for a lawsuit. Negligent workplace conditions and inadequate safety training are common causes of workplace deaths.
