If you’ve been involved in a loss of life that may be the result of another person’s actions or negligence, you may have grounds for a wrongful death lawsuit. Sometimes, a wrongful death suit can help provide the closure that grieving family members need. In other cases, it may be a primary motivation in seeking justice against another person.
Laws regarding wrongful death claims vary from state to state and situation to situation, but some common wrongdoings or negligent actions can lead to a wrongful death claim. In this guide, you’ll learn more about some of the most common reasons behind these lawsuits.
1. Medical Malpractice
Medical malpractice is a common cause of wrongful death lawsuits. If medical professionals fail to take the correct action in regards to the care and treatment of their patients, it could lead to dire consequences or even death. For example, performing an incorrect surgical procedure on a patient may not immediately result in death but could endanger that person’s life.
Another common example of medical malpractice is drug and/or medication errors. Incorrect dosage or an adverse interaction between multiple drugs can result in death for the patient. In some cases, a pharmacist may be held liable if it can be proved that they mislabeled or incorrectly filled a prescription.
The victim’s family members may be able to file a claim for wrongful death as a result of medical malpractice, and the first step is to get in touch with a wrongful death attorney. In some cases, the legal filing may be against both the negligent party and their employer if it can be shown that they failed to provide adequate protection from potential harm.
2. Automobile Accidents
According to reports from the National Highway Traffic Safety Administration, there were more than 30,000 fatalities as a result of automobile accidents in 2013. At the same time, it’s estimated that more than 2 million people suffered serious injuries during that year. One of the most dangerous times on the road for motorists is when visibility is low. Poor weather conditions can reduce visibility, but so can dust and smoke.
One of the most commonly cited reasons for wrongful death lawsuits involving car accidents is the failure to properly maintain or use vehicle headlights. A driver traveling on a road at night may not see another driver with their high beams turned on in time to slow down or stop. If you have lost a loved one due to another driver’s negligence, you may be able to file a wrongful death claim.
3. Truck Accidents
As with automobile accidents, trucking accidents can lead to many fatalities and serious injuries each year. Many of these accidents involved collisions between a commercial truck and one or more automobiles. However, other factors can also play a role in causing crashes involving large trucks. For example, some truck drivers may be speeding and not slowing down when they come to a curve or exit. Truckers may also fail to properly maintain their vehicles both individually and as part of a fleet.
When someone dies in an accident involving a commercial truck, the surviving family members may be able to file a wrongful death claim. Depending on state laws, you may also have grounds for filing criminal charges if it can be shown that the driver was violating existing traffic laws at the time of the incident.
Ultimately, if you lost a loved one due to another person’s negligence, it may be possible for you to file a claim and receive compensation. By seeking the help of an attorney, you should have a better chance of getting the results you deserve.