Wrongful death is a death that occurs as a result of the negligent or intentional acts of another person. Wrongful death is different from manslaughter and murder, although one might say that it’s a bit of a grey area. There are several cases where people have been charged with murder in a wrongful death claim. Wrongful death lawsuits are usually filed by a family member of the deceased against the defendant. According to the law, the plaintiff must be able to prove that the defendant was responsible for the deceased. Here are some of the most common wrongful death incidents.
1. Car Accidents
Car accidents are one of the top reasons that lead to wrongful death lawsuits. Additionally, it is the leading cause of death in America. Accidents happen for several reasons. Drunk driving, distracted or visually impaired drivers, road construction, among others. Some car accidents are fatal, and some leave families straining financially due to medical bills and treatment. It is common for a survivor or a member of the family of the deceased to file a wrongful death lawsuit against the driver because of his ignorance of the drinking laws of America or assuming road signs. Other accidents that are common in this category include truck and bicycle accidents.
2. Medical Malpractice
Medical malpractice is when the physician involved makes a mistake in the treatment process of a patient. Common malpractice mistakes include; wrong prescriptions, misdiagnosis, surgical errors, delayed diagnosis, drug overdose, and equipment malfunction. Drug overdose is one of the leading causes of death in America today. Death by overdose has also, for a long time, been viewed as an accidental death. Things have, however, started to change. America has seen an increase in the recreational use of prescription opioid drugs. Law enforcement is shifting focus from drug gangs to doctors and caretakers who also have access to this drug. Opioid wrongful death lawyers are at the forefront of holding medical practitioners accountable.
3. Product Liability
You have probably seen the warning on a cigarette pack or a beer bottle advising you against excessive consumption of the product. Machines and drugs also get tested before they are rolled out into the market. This is a requirement by law; otherwise, designers, manufacturers, and distributors will be liable to a wrongful death lawsuit.
4. Work-Related Injuries
A work-related injury can be a health issue due to exposure to dangerous chemicals, faulty equipment, lack of training, explosions, among others. A company can be sued for wrongful death for neglecting any of the previously mentioned problems. A company or manager or supervisor should make sure that work environments are safe and the people well equipped and dressed in the appropriate gear to operate the machinery.
If you want to file a wrongful death lawsuit, be sure to get the best legal advice near you. Different states have different laws on who can and can’t file a wrongful death lawsuit. You are in a better position when you are well informed.