Common Causes of Wrongful Death and Legal Recourse
Common Causes of Wrongful Death and Legal Recourse
Losing a loved one is an incredibly traumatic experience, and the legal challenges that follow can make it even more overwhelming.
If you’re reading this article, you might be wondering what qualifies as a wrongful death, who can be held responsible, and how you can seek justice and compensation. We wrote this guide to provide guidance and support to surviving family members who are navigating this difficult time and answering all of your legal questions.
Follow along as we discuss common causes of wrongful death, the legal recourse available to you, and how to pursue a wrongful death claim.
What Qualifies as a Wrongful Death?
A situation in which someone loses their life due to the other person’s negligence, intentional actions, or misconduct is what qualifies as a wrongful death.
Now, let’s break this down for you, shall we?
First up is negligence. A classic example of negligence is when a doctor makes a critical error during surgery — for example, leaves a surgical instrument inside a patient after an operation.
Then there’s intentional harm. These instances could involve assault, battery, or other deliberate acts leading up to a loss of life.
Lastly, we have misconduct.
Unlike negligence, which involves a failure to exercise reasonable care, misconduct refers to improper, unlawful, or unethical behavior. Misconduct also includes actions that are intentional but not necessarily with the intent to cause harm, such as gross negligence or professional misconduct.
For example, if a police officer uses excessive force against an unarmed person, resulting in death, it can constitute a case of wrongful death due to misconduct. It can also encompass intentional actions that are wrongful or illegal, such as fraud or intentional infliction of emotional distress.
Common Causes of Wrongful Death?
The most common cause of wrongful death, by far, is car accidents. Distractions, speeding, and drunk driving — these forms of reckless behavior are among the leading factors contributing to fatal collisions.
Right next to car accidents, medical malpractice is another significant cause of wrongful death. Medical malpractice occurs when a healthcare provider fails to meet the standard of care, leading to the harm or death of a patient. This includes cases of misdiagnosis, surgical slip-ups, medication mix-ups, and so on.
Another one is defective products. Anything from a faulty toaster, a malfunctioning airbag, or a dangerous toy can lead to tragic accidents resulting in wrongful death.
In this case, the responsibility typically falls on the manufacturer, distributor, or retailer of the defective product, depending on the specific circumstances of the case.
Other Causes
Some other common causes of wrongful death include:
Pedestrian accidents
Plane crashes
Childbirth injuries
Workplace accidents
Dangerous premises
Criminal actions
Nursing home abuse or neglect
The array of causes of wrongful death underscores the need for comprehensive safety measures, accountability, and continuous improvement in various sectors to prevent such tragedies and ensure justice for the affected individuals and their families.
How to Pursue a Wrongful Death Claim?
Losing a loved one is never easy, and pursuing a wrongful death claim can add to the stress you’re experiencing.
To ease this burden and navigate the necessary legal process effectively, you should seek the expertise of a skilled New York City wrongful death lawyer who can advocate for your rights and pursue the compensation you deserve.
They’ll help you:
Assess the situation
Confirm that the death of your loved one qualifies as wrongful
Identify responsible parties
Gather evidence, such as medical records, accident reports, and eyewitness accounts
File a personal injury claim on your behalf
Represent your interests before the court
If you prefer to avoid a lengthy court battle, a wrongful death attorney can also help you explore the option of settling with the responsible parties. This includes negotiating on your behalf to secure a fair settlement that provides you with the financial support you need during this difficult time.
Wrongful Death Legal Remedies for Surviving Families
Surviving family members have several legal remedies available to them.
For one, they can seek financial compensation for:
Medical expenses to cover hospital bills and treatments
Funeral costs
Lost income of the deceased loved one; and even
Potential future earnings
Since the legal system acknowledges emotional suffering, family members can also seek compensation for the pain, grief, and loss of companionship caused by the wrongful death. Pursuing a wrongful death can help loved ones hold the responsible party accountable for their actions or negligence. It can also provide them with the closure and financial support needed to begin the healing process and move forward with their lives.
Conclusion
If your loved one has suffered a wrongful death, you have legal recourse available to seek justice and compensation.
Whether it be car accidents, medical malpractice, or some other cause, pursuing a wrongful death claim can help demand accountability from responsible parties and start a new chapter of your life.
Before entering a potentially costly and lengthy court battle, consult with an experienced wrongful death lawyer. They can assist you in evaluating the viability of your wrongful death case and exploring the possibility of settling outside of court.
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