Wrongful Death: What Is It and What Are the Common Causes?

If your loved one dies due to someone else's negligence or intentional action, that's usually a wrongful death. This type of death is usually preventable. Discover more about wrongful death, its causes, and the step to filing a claim.

What Are the Common Causes of Wrongful Death?

Wrongful death can happen due to many things.

Auto Accidents

Millions die in car accidents every year. And many of these deaths result from careless or reckless driving. For instance, if a driver ignores the red light and hits a car, that driver would be at fault. In the same way, if the at-fault driver was under the influence of drugs or was not in their lane, then they would be at fault.

Therefore, to prove wrongful death in a car accident case, you must show that the at-fault driver was careless or failed to observe traffic rules.

Work-Related Deaths

Unfortunately, workplace injuries sometimes result in death. For example, construction workers might fall from a height and die, or workers might get electrocuted.

To prove wrongful death from a workplace injury, you must show that the employer had a duty to protect the workers but failed to do so. For instance, the employer might have failed to provide safety gear or proper training.

Medical Malpractice

Sometimes, doctors make mistakes that cause patient death. For example, the doctor might misdiagnose a condition or fail to treat an illness in time.

The medical practitioner may also have performed a wrong site surgery or surgery on the wrong person, which worsened the patient's condition and caused death.

The easiest way to prove medical malpractice is to show that the doctor's action deviated from the standard of care. The standard of care is what a reasonable and prudent medical professional would have done in a similar situation.

Product Defect

If a loved one dies because of a defective product, the company that manufactured or sold that product would be at fault. For example, if the loved one dies because of an exploding phone battery, the phone manufacturer will be at fault.

To prove wrongful death from a defective product, you need to show that the manufacturer did not label the product properly or did not warn consumers about the risks associated with using the product.

Crime

If a loved one dies because of someone else's criminal act, that person would be at fault. For example, the robber would be at fault if a loved one is shot and killed during a robbery.

To prove wrongful death from a crime, you need to show that the perpetrator intended to harm or kill your loved one.

What Are the Steps for Filing a Wrongful Death Claim?

If your loved one dies due to someone else's negligence or intentional action, you may be eligible to file a wrongful death claim.

However, you must present solid evidence to prove that the death was from someone else's negligence or intentional action. You will also need to prove that you have suffered damages due to the death. Some damages that you can recover in a wrongful death claim include:

• Funeral and burial expenses
• Loss of companionship
• Loss of support and earnings
• Pain and suffering

If you wish to file a wrongful death claim, consult a lawyer. The lawyer will review your case and determine whether you have a valid lawsuit. They will also help you gather the necessary evidence and file the claim on your behalf.

You can trust us at the Law Office of Paul R. Bennett to help you with your wrongful death claim. We have extensive experience handling such cases and will do everything we can to get you the compensation you deserve. Contact us to schedule a consultation.