Accidents are one of the leading causes of death in our country, and many involve young children and teens. While accidents are bound to happen, they can often be prevented by avoiding negligence and carelessness. If a loved one has died in a manner that suggests another person was at fault, you may have a wrongful death claim that should be evaluated legally. Here are some factors to consider, although other factors may also be to blame for a wrongful death.
Doctors are human like the rest of us, and sometimes they accidentally prescribe the wrong medication or dosage. Occasionally a patient is misdiagnosed or receives the wrong treatment. A surgical procedure can go awry. Rehab might make a condition worse instead of better. When a patient dies due to problems like these, any resulting litigation is sometimes categorized as medical malpractice and may constitute a wrongful death action. Attorneys who work with this type of claim will request that the patient’s health status and medical records be analyzed by experts who can provide an opinion as to whether there is medical wrongdoing. The victim’s health status before, during, and after treatment will be studied.
Drowning, dog attacks, and fall accidents are incidents that may occur at the home of a neighbor or friend, or possibly even a stranger’s residence. The death will be investigated to determine if the homeowner was careless in not managing a vicious dog or not restricting a property swimming pool from unmonitored access by children, for example. Someone who falls due to a littered or damaged walkway and dies then or later as a result of a blood clot, stroke, or heart attack may be the victim of wrongful death. Whenever a person dies as a result of an injury or accident on someone’s property, the events leading up to the death and afterward will be assessed objectively by professionals like law enforcement and insurance adjusters to see if the property owner is at fault in any way.
People die at work due to various causes. When hazardous materials are not handled properly or a dangerous worksite remains accessible to unprotected workers, any deaths that occur as a result could be due to negligence and considered to be wrongful. A violent assault or killing on the company premises could lead to a wrongful death action. Electrical shock due to neglected wiring issues is another example of the company’s failure to protect employees. When someone is killed at work, accidentally or intentionally, the circumstances will be explored to see if the company’s stakeholders or its personnel are responsible for the resulting death.
People can get seriously injured and die as a result of a vehicle malfunction or due to another driver’s negligence or reckless driving behavior, according to the Law Center.com. For example, many legal cases have been filed as a result of deaths from a malfunctioning airbag, exploding tires, or brakes that suddenly give out. Mechanical or product failures related to a vehicle can lead to serious road accidents that kill people. A driver who breaks the speed limit or drives under the influence is breaking the law, and if someone dies as a result, the driver might be prosecuted for a wrongful death.
Someone who makes a mistake that causes another person’s death can be held accountable if found guilty. Legal charges may ensue, and/or compensatory damages to the deceased’s family may be awarded by court order. Discuss any concerns about wrongful death with a law firm that specializes in this area of litigation.