Posted on:Mar 26, 2024

What Constitutes a Wrongful Death?

HomeBlogWhat Constitutes a Wrongful Death?

The unexpected loss of a loved one is one of the most devastating tragedies people can experience—more so if their death was preventable. For the grieving families grappling with such a loss, understanding the legal concept of wrongful death is an essential step in seeking justice and closure.

Understanding Wrongful Death

Wrongful death occurs when a person loses their life because of someone else’s negligence or misconduct. Legally, wrongful death is defined by specific criteria that differentiate it from other forms of violent death, such as murder or manslaughter. The key distinctions lie in the duty of care that was owed and breached, leading to a preventable death. Recognizing wrongful death is crucial because it opens the door for families to pursue compensation and to hold the responsible parties accountable.

Common Causes of Wrongful Death

The Saavedra Law Firm, PLC has witnessed wrongful death claims arise from various circumstances. Some of the most common causes include:

  • Medical malpractice: Medical malpractice refers to errors or mistakes that happen during surgical procedures, such as performing the wrong procedure, leaving surgical instruments inside the patient, or misdiagnosing a condition. It can also include cases of neglect, where healthcare providers fail to provide the necessary standard of care, harming the patient.
  • Accidents and negligence: Accidents and negligence encompass a wide variety of circumstances, including car accidents caused by reckless or distracted driving, work-related accidents due to unsafe working conditions or lack of proper training, and accidents caused by the negligence of others. This can include incidents like slip and fall accidents, construction site accidents, or accidents caused by defective equipment. Lack of safety protocols or failure to follow established safety guidelines can also contribute to accidents and injuries.
  • Product liability: Product liability refers to situations where defective or dangerous products cause harm or injury. This can include poorly designed products, manufacturing defects, or failure to have proper warnings or instructions for safe use. Examples of product liability cases can range from defective medical devices or pharmaceutical drugs to faulty consumer products like electronics or household appliances.

Proving Wrongful Death

To prove wrongful death, the plaintiff must show that the accused had a duty of care to the victim, failed this duty, and caused the victim’s death. Gathering compelling evidence and testimony is often necessary to substantiate these claims.

Compensation and Legal Remedies

Wrongful death lawsuits may seek several damages, including economic and non-economic damages. Economic damages cover the loss of future wages and funeral costs, ensuring that financial burdens are accounted for. On the other hand, non-economic damages address the emotional turmoil endured by the surviving family members, as well as the loss of companionship and guidance that resulted from the wrongful death. These forms of damages aim to provide a comprehensive and fair resolution. 

We’re Here to Support You

Understanding the nuances of wrongful death claims is of immense importance. It empowers families to take the necessary legal actions to ensure their loved one’s passing is not in vain and helps prevent similar occurrences.

If you believe your family has experienced a wrongful death, please reach out to Saavedra Law Firm, PLC, for legal advice. We have the professional experience and empathetic approach to lead you to justice. 

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