A person’s right to life and pursuit of happiness is a fundamental provision in the constitution. When that basic right is cut short because of a person’s negligence or intentional acts, certain family members can sue for wrongful death. Due to the nature of the consequences of wrongful death to a family, professional wrongful death attorneys can be consulted to evaluate the case and provide guidance for moving forward. Read on to learn the four main causes of wrongful death.
What are the Common Causes of Wrongful Death?
1. Car Accidents
Car crashes are the most common causes of death due to the amount Americans use their vehicles. It’s also common because many people ignore the traffic laws meant to keep all road users safe. This negligence affects not only themselves but innocent road users and pedestrians.
Some examples of ways drivers are negligent on the road include driving while intoxicated, distractions, not wearing a seatbelt, reckless driving, etc. If any of these are the reasons for an accident, the driver responsible is liable for the death of anyone involved in the car crash.
There can also be third parties that are directly responsible for a car accident, such as local governments ignoring road issues or car manufacturers selling faulty parts of vehicles for use. They are also liable when wrongful death is presented in court.
2. Medical Malpractice
Although many medical professionals are skilled and typically competent in their jobs, there are a few who make fatal mistakes that can lead to the death of their patients. These mistakes occur when they decide to cut corners, ignore their patients, ignore proper procedures, or work while distracted.
The common cause of medical malpractice is misdiagnosis. Other types of medical malpractice are injuries at childbirth, surgery, defective medical equipment, patient negligence, or abuse. If any of these circumstances leads to death, the family has the right to sue the doctor or the hospital for wrongful death.
3. Workplace Accidents
Some people work in dangerous work environments where they are at risk of getting injured, contracting occupational diseases, and, in extreme cases, fatal accidents. Some dangerous workplaces include mines, construction sites, factories, warehouses, and nuclear plants. However, all workplaces can be hazardous because you can slip and fall anywhere.
If an employee dies while performing their duties at work, the employer assumes responsibility for their death. The employer should ensure the safety of their workers and should have insurance in case of workplace accidents.
4. Criminal Acts
If a person commits unlawful acts and either intentionally or unintentionally causes the death of another person, then they are liable for that person’s death. This person can be sued for wrongful death even if they have not been convicted of any crime yet. This is because a wrongful death is a civil case filed by the deceased’s family while the District Attorney is in charge of their criminal case.
The settlement obtained from a wrongful death suit often repairs or replaces damaged property, settles pending medical bills, and other financial obligations such as mortgages and monthly bills. The loved ones also receive compensation for intangible damages such as loss of companionship, trauma caused by the accident, and mental suffering due to grief.
Importance of a Lawyer in a Wrongful Death Lawsuit
The family of the deceased is usually going through a lot after the death of their loved one. Although money doesn’t replace or reduce the grief felt by the family, it helps reduce the stress caused by the lost income following the death of their loved one. Holding the people responsible for their loss can be painful. Therefore, they need a professional in the field to help them get a fair settlement that can help them financially.