• Mar
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    The Main Reasons for Wrongful Death Lawsuits

    Of all the types of personal injury lawsuits, wrongful death claims are among the most heartbreaking because they represent such complete loss. These suits are filed by grieving families — which may include parents, spouses, children, and even grandparents in some cases — who blame the deaths of their loved ones on the negligence of others.

    Though negligence can lead to death in countless ways, there are certain circumstances and categories of wrongful death claims that are filed more frequently than others. These include:

    • Medical Malpractice – These lawsuits are filed when medical professionals or facilities deliver care that falls short of the expected duty of care. This can include failure to diagnose or misdiagnosis; making an error with a prescription; causing a surgical injury; failing to provide adequate infection control or attention to prevent infection or worsening of a patient’s condition.
    • Criminal Actions – When a person is killed as a result of a crime, the prosecution that the state pursues is not conducted for the sake of the families that are left behind. The only way that loved ones can get compensation for the loss that they have suffered is to file a civil wrongful death lawsuit against the person responsible for the death. Notably, an individual does not need to be found guilty in a criminal action to be pursued for wrongful death. One of the most famous examples of this is O.J. Simpson, who was sued for wrongful death by the family of Ron Goldman.
    • Automobile accidents – When a driver causes an accident as a result of driving under the influence, driving recklessly or aggressively, or acting in some other way that is negligence, they can be held legally responsible. Similarly, mechanics that acted negligently in their maintenance of the vehicle (and whose actions contributed to the fatal accident) can also be pursued legally.
    • Product liability cases – Unfortunately, the companies that design, manufacture and sell the products that consumers use every day do not always ensure that their products are safe. Whether there is a defect in design, in the warnings or instructions provided, in the way that the product was assembled or packaged or something else, many entities along the distribution line can be held responsible.

    The basic premise of a wrongful death lawsuit is that the death should never have happened, and would not have happened had the accused acted responsibly. If you have lost a loved one as a result of negligence, we can help. Contact us today to learn more.

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