Death is always a tragedy, but it becomes particularly difficult when the death was caused by or could have been prevented by someone. When you lose a loved one, you may be able to file a wrongful death suit against the person or organization responsible. This can be used to recover compensation for your loved one’s medical bills and final expenses as well as lost wages and pain and suffering. These are just a few of the most common types of wrongful death cases.
Traffic Accidents
Seemingly simple traffic accidents can quickly turn tragic. In fact, more than 38,000 people die in traffic accidents every year, and millions more are injured in accidents. However, not all accidents in which someone died can be ruled wrongful death. In this case, you need to prove that the other driver was either reckless or negligent. For example, if the other driver was speeding, driving drunk, or driving while distracted, they can be held responsible for your loved one’s wrongful death. However, if the other driver simply slipped on icy roads through no fault of their own, your case would likely not be successful.
Medical Malpractice
Ideally, everyone should be able to trust their physician or other healthcare provider implicitly. However, doctors, nurses, surgeons, and other medical professionals are people too, which means they can make mistakes like anyone else. A misdiagnosis, incorrect medication, incorrect dosage, or another medical error can have serious consequences including death. If you suspect that any of the healthcare team that worked with your loved one made a mistake, you can file a suit against them.
Work Accidents
Work accidents are usually filed under workers’ compensation claims, but if your loved one died due to an injury at work, it could also be treated as a wrongful death case. While the workers’ compensation system protects employers from being sued after an accident, if another party caused the accident that resulted in a death, you could pursue a case against them. Again, you need to prove recklessness or negligence caused the accident.
Defective Products
The products you can buy at the store or online often have to go through rigorous testing to prove that they are safe for consumers to use. However, that doesn’t mean that they aren't sometimes faulty or even under-tested. Faulty car parts, children's toys, and medical devices can all have disastrous consequences.
When you’re pursuing a wrongful death case, you’ll want to consult with a personal injury lawyer. They can help you assess your circumstances and tell you if you have a solid case. Proving negligence is one of the hardest things to prove in court, so you need to make sure that you have plenty of evidence. Your lawyer can help you gather evidence and witnesses to ensure that you have the best case possible.
A sudden death in the family can seem to bring life to a standstill. However, you can continue on. If your loved one’s death was caused by someone else, with the help of a lawyer, you can get compensation for lost wages, medical bills, and other associated costs. This can help you get back on your feet and keep living.
Anita is a freelance writer from Denver, CO. She studied at Colorado State University and now enjoys writing about health, business, and family. A mother of two wonderful children, she loves traveling with her family whenever she isn’t writing. You can find her on Twitter @anitaginsburg.
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