When to File a Wrongful Death Claim

Wouldn’t you agree that losing a loved one is one of the most difficult things that can happen?

If negligence was the cause of the death, then the emotional torture is even worse. Nobody should have to go through that.

Naturally, a desire to do something about it will occur. More often than not, the surviving family members seek the services of a wrongful death lawyer. Bringing a claim against the responsible party provides at least some semblance of solace.

What Leads to Wrongful Death?

Though wrongful death claims may appear straightforward, it is rather difficult to prove who is at fault in such a situation. In a court of law, the plaintiff must establish that the defendant was negligent.

The elements to focus on include duty of care, breach, causation, and damages. There cannot be a negligent action if the plaintiff cannot bear the burden of proof for all of these elements.

1. Homicide

Homicide can be defined as wrongful death. However, a lot of individuals erroneously believe that neglect cannot be intentional. This perspective is often disproved by good lawyers in the courts, which interpret “duty of care” to include the need to not murder other persons.

You could launch a wrongful death civil claim if your loved one was murdered. Whether or not the defendant was acquitted or convicted doesn’t matter.

2. Car Accident

A car crash being accidental does mean that no one is to blame. Not only are persons and organizations sometimes accused of negligence, but such persons and organizations can be listed as defendants in a lawsuit.

Liability can also be placed on the highway department, the vehicle manufacturers, and the various distributors of parts.

3. Medical Negligence

Medical malpractice is a type of misconduct that is quite widespread these days. Everyone involved in the healthcare system has a duty of care to patients. A wrongful death may occur when that duty is not upheld. Health care providers have medical malpractice insurance because of this reason.

Obviously, you’ll have to show that your loved one’s death was due to malpractice. It might be hard, especially if the dead person was already sick or disabled.

But there are some clear-cut instances of medical negligence, rare as they may be. For example, a surgical instrument was left within the body, wrong prescription, or failure to recognize an evident disease.

4. Workplace Accident

Did your spouse or close relative die while working on the job? Naturally, various positions have inherent risks of greater or lesser magnitudes. However, every person who dies on the job is not always a victim of workplace malpractice. There are additional risks associated with police work, farming, construction, and manufacturing.

To establish that the firm, supervisor, manufacturer, or other entity was negligent, you will need to demonstrate that they were at fault. Failure to provide safety equipment, employing defective or improperly examined equipment, or disregarding safety guidelines might be among the problems here.

5. Aviation Accident

Sometimes, fatal airplane accidents occur following a devastating incident. Airline or aircraft manufacturers might be held liable if someone dies in a crash because of a defect in their equipment.

You might have grounds for a wrongful death claim if you lost a loved one in an aviation disaster. Or if you feel that the tragedy was caused by misconduct and might have been prevented. Wrongful death attorneys can examine aircraft crashes to see if negligence was a factor.

Contact a Wrongful Death Attorney

When you lose a loved one due to someone else’s negligence, a lawyer may help the family collect compensation. In wrongful death litigation, damages such as pain, suffering, emotional distress, loss of consortium, loss of society, and loss of companionship may be claimed.