When it comes to wrongful death, the impact goes far beyond the individual who has passed away. Families, friends, and entire communities can suffer immeasurable pain and loss. Not only is there the emotional toll of losing a loved one, but there may also be financial and legal burdens to bear.
Wrongful death can occur from many instances. In this blog post, we’ll cover the common situations that can result in wrongful death as well as the compensation families can recover after their loss.
What Is Wrongful Death?
Wrongful death can be a devastating experience for those left behind. It occurs when an individual or entity fails to take reasonable care and their actions or lack thereof result in the death of another person.
When this happens, the family of the deceased can file a wrongful death lawsuit and can hold those parties accountable. The family can potentially receive monetary compensation in successful wrongful death cases. While no amount of money can ever truly make up for a lost loved one, a successful wrongful death lawsuit can help provide financial stability for you during a difficult time.
Common Causes of Wrongful Death
1. Auto Accidents
Driving on the road can be a dangerous activity, especially when there are drivers who are not paying attention or driving recklessly. Their behavior often leads to accidents, causing damage to surrounding parties. Negligent drivers can cause accidents that lead to wrongful death. Examples of this behavior include pulling out in front of someone without the right of way, failure to check before changing lanes, and running a red light.
2. Bike & Motorcycle Accidents
Despite being a popular mode of transportation, bike and motorcycle riders face a significant risk of being involved in accidents with larger vehicles. Due to their smaller size and low visibility, bikers are often vulnerable on the road, which can lead to personal injury or even wrongful death. Whether it’s due to driver negligence, poor road conditions, or other factors, accidents involving bikes, where the biker is not at fault are unfortunately common.
3. Medical Malpractice
Medical procedures require meticulous attention to detail and adherence to strict guidelines to ensure patient safety. However, doctors can make mistakes. Skipping safety procedures or failing to carry out necessary steps can have fatal consequences for patients, which can lead to wrongful death lawsuits. It is essential that doctors are held to the highest standards of caution, as mistakes such as leaving surgical tools inside a patient or not informing them of the risks associated with a procedure can be considered negligence.
4. Defective Products
Defective products can have catastrophic consequences, whether due to improper manufacturing, poor design, or malfunctioning safety features. When a manufacturer fails to prioritize the safety of their customers, injury or even death can occur. In such cases, a wrongful death lawsuit may come into play, as it is the responsibility of product manufacturers to ensure their products pose no risk to users. Such defects can range from ineffective safety shut-offs to hazardous designs that cause choking or physical harm. Another prevalent type of malfunction is improper stress testing, which can cause tire and brake part failures, leading to accidents and wrongful death.
5. Criminal Acts
When a life is taken due to a criminal act, a wrongful death case may be pursued to bring justice to the victim and their loved ones. It should be noted that intent to cause death may not always be present in such cases. If the actions of the perpetrator led to the victim's death, regardless of what their intent was, the wrongful death claim may still be considered. Pursuing a wrongful death lawsuit not only helps to hold the perpetrator accountable, but can also provide financial compensation to cover damages such as medical expenses and lost income.
6. Work Accidents
Work environments in construction can be incredibly dangerous and result in wrongful deaths. While it's true that many of these accidents are caused by unsafe work environments, some workers are put in danger because their employers didn’t provide them with the proper safety equipment or training. As a result, fatalities are common in the construction industry. In these cases, if the company in question has failed to provide their workers with adequate safety gear and an accident occurs, they are legally responsible for the accident.
What Compensation Can Family Members Recover After Wrongful Death?
When death is caused due to someone else's negligent or intentional actions, family members are entitled to receive compensation for their loss.
Examples of compensation can include:
- Medical bills
- Loss of companionship
- Pain and suffering
- Lost wages/earning potential
- Funeral/burial expenses
We understand that no amount of money can ever make up for your loss, but it can help ease the financial burden and provide some closure. At May, Rammell & Wells, our attorneys are experienced in handling wrongful death cases, and we can help you pursue your case. We take pride in providing compassionate and professional services to our clients. Our goal is to help you get the compensation you deserve and let you focus on healing and grieving your loved one.
Call us today at (208) 623-8021 or contact us online.