Should You File a Wrongful Death Lawsuit? Most Common Causes in the US Explained

When someone or anything breaches their legal obligation and directly results in the death of another, which is considered wrongful death. When this occurs, the deceased’s representative or certain surviving family members may initiate a wrongful death claim. The plaintiff in a wrongful death lawsuit must prove certain elements. If these factors are established, the person or entity responsible for the death, or their insurer, may provide a payment to the deceased’s heirs or estate.

Medical Malpractice

Malpractice in the medical field happens when a healthcare provider causes injury to a patient by deviating from the accepted norms of practice. When someone dies due to the recklessness, carelessness, or indifference of another person or entity, it is considered a wrongful death. Death can occur as a result of medical mistakes. It’s natural for grieving families to ponder if they should file a medical malpractice suit or a wrongful death suit to hold negligent doctors and hospitals accountable, as a San Diego resident, hiring a wrongful death lawyer in San Diego may assist you to determine the qualifications of the claim in question. The claimants’ motivations and the situation’s specifics will shape the answer.

Defective Products

Manufacturers are responsible for checking their goods for any flaws that could result in serious harm or even death. When businesses fail in this responsibility, consumers may be in danger of serious injury or death. Surviving family members can bring a wrongful death action to seek compensation when a loved one dies due to a dangerous or defective product. Customers do not anticipate getting hurt while utilizing a product. Some people are injured while using things they reasonably assumed to be safe, such as household appliances, sports equipment, automobiles, medical gadgets, etc. Even while following all of the manufacturer’s guidelines, there is still a chance that the product could hurt a client. If a loved one has died due to injuries sustained from using a defective product, the surviving family members may have grounds to file a wrongful death complaint. A surviving family member must file a wrongful death lawsuit within two years of the decedent’s death.

Aviation Accidents

In an aviation accident that results in bodily harm or death, a lawsuit can be filed against the party or parties at fault. The pilots, the airlines, the owner, the manufacturer of the plane and its critical parts, the maintenance company, the government for suspected negligence by air traffic controllers and meteorological services, and the airport operators could all be held financially liable in the event of an aviation disaster. Furthermore, the specifics of a certain aviation case may necessitate looking into the actions of others. 

Workplace Accidents

The line of work can be deadly at times. Thousands of accidents happen on the job every year across a wide range of industries. Workers suffer injuries and sometimes lose their lives due to these mishaps. Your family may be eligible for benefits if a loved one passes away due to an accident on the job. Workers’ compensation insurance or a wrongful death claim may provide financial assistance. You can get financial aid for your loved one’s funeral and other expenses by filing a compensation claim against their company. The primary benefit of workers’ compensation is that beneficiaries do not have to prove that their employer’s carelessness directly caused the death of their loved one to collect death benefits. You would receive payments from workers’ compensation even if your employer was not at fault. Gathering evidence to show that your employer was careless is unnecessary. You can get paid without hiring an attorney if the circumstances are right.

Car Accidents

Being behind the wheel is a risky endeavor. Driving a car or motorcycle is significantly more difficult than traveling a plane, rail, or boat across the country or down a river, and this is something that few people recognize. Driving is one of the riskiest activities that people engage in regularly. Driving is inherently dangerous. Thus, motorists should always use extreme caution, abstain from drinking and driving and other drugs, and never multitask while behind the wheel. Still, mishaps occur, no matter how much is written about reckless or risky driving. When someone else’s negligence causes the death of another person, that person may be liable to pay damages to the victim’s family. Several potential causes of fatal car accidents include another driver’s carelessness or recklessness, criminal acts, and even vehicle defects. Important details about wrongful death auto accidents are included below, such as typical accident outcomes, claim filing procedures, and resources for locating legal counsel.

Boating Accident

Boating is a common pastime for people who live near the water, but it also carries the risk of death. The operator is almost always to blame in deadly boating accidents. Operators of vessels on public waterways are required by law to take reasonable precautions to ensure the safety of their passengers and other channel users. Negligence is the failure to take good care that leads to harm. Wrongful death claims against boat operators need proof of negligence leading to actual monetary losses sustained by the plaintiff. Negligence per se is often known as negligence as a matter of law and may apply if the boat’s operator was impaired by drugs or alcohol. When someone is boating while under the influence; it can give rise to a claim of negligence. It is similar to the state’s DUI law in that proof of impairment by alcohol or drugs to 0.08 percent blood alcohol concentration or more is required.

There are exceptions to the rule that most people and businesses can be sued for wrongful death. For instance, certain government employees and agencies may enjoy absolute immunity for any and all activities taken while performing official duties. In addition, workers cannot sue their employers for workplace fatalities. Instead, you should file a claim with your state’s workers’ compensation agency. If you think your loved one died because of someone else’s carelessness or malice, you should consult an attorney as quickly as possible about bringing a wrongful death lawsuit.

by Abdullah Sam
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