What is a Wrongful Death Claim?
A wrongful death claim is made against a neglectful or deliberate person when he caused the death of a person with negligent or intentional action. The offender can be a person, or even a corporation, or the manufacturer of a potentially defective product responsible for the wrongful death. In addition, the offender can be a potentially responsible party who caused the wrongful death.
The lawsuit of wrongful death can be filed by a representative of the estate of the deceased person against the person or party legally liable for the death. An attorney can file a lawsuit on behalf of family members and other affected parties. Read below to learn about the most common wrongful death lawsuits.
Medical Malpractice
According to statistics, some of the most common wrongful death cases are medical malpractice lawsuits. Many instances such as surgical errors, mistreating hospital infections, misdiagnosis, birthing errors can result in medical malpractice claims. Generally, an individual health care provider, a medical group or a company/organization such as a hospital’s negligence causes medical malpractice. If the negligence of an organization causes someone to die, a wrongful death claim can be filed.
Motor vehicle Accidents
The second most common wrongful death lawsuits are those caused by motor vehicle accidents. Due to negligence or recklessness, a large number of motor vehicle accidents occur. Every day on the roadways, there are many scenes of the negligence of drivers such as ignoring signals, drunken driving, distracted driving, speeding, and violating the rules and driving laws. Whenever the negligence causes the death or injury of another person, the victim has the opportunity to sue the guilty party.
Car Accident Fatalities
You can file a lawsuit against the person who killed your loved one by reckless and dangerous driving. It is likely you will file a lawsuit against the victim’s insurance company primarily if the negligent offender is unable to pay the compensation you deserve. The negligence in a car driving may involve inattentive driving, speeding, alcohol or driving under the influence of drugs. You should seek justice by filing a wrongful death case if your loved one dies in a negligent accident.
Murder or Manslaughter
Next, you can now file a wrongful death lawsuit against the negligent offender who murdered your loved one. Even if the negligent offender is tried in a criminal court and released, and you feel that the sentence is reduced for them, then you can take them into civil court. Guilt can be established with a less stringent degree of certainty in civil court. You may also submit evidence to the court that is collected by the prosecutor’s office so you don’t have to do another investigation. You can also sue the offender estate for money if the offender is found guilty in the criminal court.
Furthermore, these policies will be also applicable to unintentional murder cases. If someone accidentally killed your loved one, it is possible to sue the person for civil penalties.
Workplace Deaths
Workers’ compensation benefits are available for workplace injuries. If any worker dies in a workplace, they may fall into the category of wrongful death. In that case, it is possible to make claims under the compensation laws in many states. If a worker’s life is taken because of the negligence of the employer, the family members of the victim will be entitled to receive compensation. Scaffolding mistakes, elevator problems, motor vehicle accidents, falls, machinery malfunctions, slips, construction accidents, electric shocks while working, etc are some common workplace death that can occur while working.
If someone from your family, or a friend’s family, or close relatives have experienced wrongful death, It is advised to take the assistance of an experienced personal injury lawyer online https://krasneylaw.net/wrongful-death/ or at the outset to file a lawsuit against the offender. Ensure that you select a lawyer or law firm that will allow you a free initial consultation about your case. There is no need to pay a lawyer to evaluate your case or to know if the victim’s family can get compensation. You should research well before opting for a personal injury lawyer.
