Several different types of wrongful death lawsuits exist. Wrongful death refers to the death of a human as the result of an unlawful act committed by another person, which may occur intentionally or unintentionally. Because many forms of unlawful acts can contribute to a person’s death, victims’ loved ones can file wrongful death claims in many kinds of cases. However, the purpose of all types of wrongful death lawsuits remains the same: to recover damages for the families and loved ones of the victims.
When a wrongful death occurs due to a willful criminal act, such as a homicide, the defendant in a wrongful death case may also seek criminal charges. These types of court proceedings occur separately and do not affect one another, so a victim’s family may still receive compensation in their wrongful death case regardless of the outcome in the defendant’s criminal case. The majority of the time, though, the defendant’s negligence accounts for the victim’s loss of life.
Motor vehicle accidents commonly lead to wrongful death claims, most often due to another driver’s negligence. According to the National Highway Traffic Safety Administration (NHTSA), over 36,000 victims suffered fatal injuries in car accidents in 2018 alone. Different factors contributed to this number, including driving under the influence of alcohol, which occurred in nearly one-third of all fatal accidents that year. If another party caused the collision, the victim’s family may qualify for compensation in a wrongful death case.
When you trust a doctor to provide a treatment or perform an operation, you expect that they will exercise all reasonable care to protect your health and safety. Unfortunately, medical errors occur frequently, and they often lead to death. Medical errors account for somewhere around 251,000 deaths a year in the U.S, according to Studies in Health Technology and Informatics.
When you enter lawfully onto the property of a person or company, you assume that they have taken the necessary precautions to prevent you from suffering injuries. Unfortunately, accidents resulting from a homeowner or business owner’s failure to maintain their property occur commonly, and they can lead to serious injuries and death.
Premises liability allows victims and their families to file suit against property owners when they suffer harm as a result of the owner’s negligence. Some types of premises liability cases include:
- Slip and fall
- Inadequate security
- Dog bite
- Deteriorated walkways or stairwells
- Snow- or ice-covered paths
- Elevator and escalator defects
If your loved one’s premises liability case resulted in their death, you may have the opportunity to file a wrongful death claim against the property owner. A lawyer can help you determine your legal options.
Product manufacturers, distributors, and retailers have a responsibility to protect consumers from harm by developing safe designs and including all potential hazards on clearly marked packaging. If they fail to do so and the consumer suffers serious or fatal injuries as a result, the victim or their loved ones may pursue a products liability or wrongful death case against the at-fault party. A lawyer can help you determine products liability in your case, which may include:
- Design defects inherent to the product
- Manufacturing defect that resulted from an error in its production
- Labeling defect that did not adequately warn the consumer of its dangers
Nursing Home Abuse
According to the National Center on Elder Abuse (NCEA), nearly 40% of older people will enter a nursing home. Families often struggle with this decision as they want to make sure the nursing homes they choose will provide the appropriate level of care for their loved ones. However, nursing home abuse occurs often and usually behind closed doors.
The NCEA notes that in one study of 2,000 nursing home residents, 44% said they had suffered abuse, and 95% either experienced or witnessed neglect in their nursing home. If your loved one died in a nursing home after suffering neglect or abuse, a lawyer can help you pursue a wrongful death case.
Some jobs involve some risk of workplace injuries, and certain environments present a greater risk than others. Employers have an obligation to provide sufficient training and safety equipment to all employees to minimize the risk of occupational injuries.
A Lawyer Can Help You Pursue Your Wrongful Death Lawsuit
Different types of cases can lead to wrongful death lawsuits, and loved ones have a right to pursue compensation for the death of their loved one due to someone else’s negligence. If your loved one suffered fatal injuries as the result of another party’s negligent or willful act, the lawyers at Ben Crump Law, PLLC can help you fight for your case. Contact us today at (800) 593-3443 to speak with our legal team about your free case evaluation.