Death is not an enjoyable thing to think about or talk about. However, sometimes it is necessary to talk about this subject especially when a death has been caused by the clear failure of someone or negligent action. Wrongful death is the legal term for a death that can be proven to have been caused by someone’s utter failure to care for someone they were supposed to, a negligent act that led to a death, and some other similarly related types of circumstances. If you would like to learn more about the different circumstances that have caused wrongful death in the past then keep reading.
Things That May Lead to or Cause Wrongful Death
There are a variety of different circumstances and actions that may lead to or cause a wrongful death. Many of these are due to human error and not following the duties that are required of certain individuals, groups, organizations, businesses, and other similar entities. Some examples include:
- Car Accidents
- Truck Accidents
- Pedestrian and Bicycle Accidents
- Workplace Accidents
- Premises Liability Incidents
- Product Defects / Malfunctions
- Medical Malpractice
All of these reasons are some of the more common ways that someone may, unfortunately, lose their life and have a wrongful death case submitted due to that death. Motorists, whether behind the wheel of a car, truck, or motorcycle are required to drive safely and be alert to the road and other drivers around them. When they fail this task it can lead to accidents where fatalities occur. The same goes for hazards in the workplace or at a business. If these hazards are not properly cautioned or alerted to people on the premises and it leads to a catastrophic deadly injury, a wrongful death case may be drafted. Medical malpractice is another reason that wrongful death cases are submitted. If a doctor botched a surgery or didn’t refer the correct dosage of medicine and this leads to death then a wrongful death case may be submitted.
Proving Wrongful Death
Proving wrongful death can be a difficult task to achieve. That is because the circumstances surrounding the death may be in question and hard to establish facts. The more evidence that exists the greater the chance that proving the death is a wrongful one. It must be proven that a negligent act led to the death of someone who failed in their duties to their fellow humans. This could be presented with evidence that a doctor failed to operate correctly on a patient, or an automobile driver drove recklessly, or distracted and this led to the death of someone else.
Damages in a Wrongful Death Case
There are a few different items that may be eligible for compensation in a wrongful death case. These include:
- Loss of Companionship
- Medical bills prior to the person’s passing away
- Funeral expenses
- Lost wages from work
- And more