Wrongful death claims often arise due to accidents. Defective products are more common than you may think. If a consumer is injured because of a product’s defect, the company responsible is generally liable. Defective products include dangerous toys, toxic food products, and automobiles. Workplace accidents are also a common cause of wrongful death. If the workplace is not safe, an employer may be responsible for the death.
Workplace accidents are common causes of fatal injuries. Injuries in the workplace can occur in a wide variety of settings, including construction sites. Accidents involving workers’ compensation benefits are also common causes of wrongful death claims. For example, a worker who was forced to work multiple 12-hour shifts could be killed while driving home after working a day. Pedro Jose Sanchez was killed while working for Third Generation Plumbing in Marathon, Florida. His widow received workers’ compensation death benefits for her wrongful loss.
Another common cause of wrongful death lawsuits is medical malpractice. When a medical professional fails to diagnose or treat an illness, they can cause death. According to the American Medical Association, medical negligence is the third leading cause of death in the United States. Medical errors include omitted diagnosis, surgical errors, birth injuries, and pharmaceutical mistakes. If you’ve suffered a wrongful death due to medical malpractice, you should seek legal counsel from a qualified lawyer.
In a wrongful death case, you must prove that someone else was negligent or intentional in the death of the victim. If a product was defective from the time of manufacture, the deceased could have used it improperly. If the product had been defective in some way, the company must compensate the family of the deceased. Alternatively, if the person was negligent or reckless, a court can award the surviving family members compensation.
The victim’s family can sue the person responsible for the accident. In many cases, the victim’s family members can pursue a civil wrongful death lawsuit. This type of lawsuit is possible even if the person responsible for the death is not charged with a crime. A wrongful death lawsuit is filed by the decedent’s estate or immediate family members. Damages are awarded for economic losses such as medical bills or wage statements, as well as non-economic losses such as pain and suffering.
Automobile accidents are another common cause of wrongful death. According to the National Highway Traffic Safety Administration, approximately three hundred thousand people die each year in auto accidents. Many of these cases are the result of negligence. Automobile accidents are caused by many different factors, including poor road conditions, negligent drivers, and negligent auto manufacturers. This list does not include all types of fatalities, but it is indicative of the type of accidents that can result in wrongful death.
While a wrongful death lawsuit can arise from a variety of situations, all cases involve a similar concept. For a wrongful death lawsuit to be successful, the real party in interest must file it. In most cases, the real party in interest is the decedent’s family members. In some states, the representative is the executor of the decedent’s estate. It is important to understand that the standard of proof is preponderance of the evidence.
Another example of wrongful death involves a faulty product. A defective product can result in the death of a loved one. A wrongful death lawsuit against a manufacturer may be filed if the product is dangerous or does not meet the manufacturer’s standards. The wrongful death attorney can sue the manufacturer or the company for negligence. The manufacturer or distributor of the product can be liable for a product’s defects if it was sold without instructions.
If a medical error caused Paul’s death, his estate is entitled to compensation. The medical malpractice claim Paul’s estate could have brought on his own may have been worth less, since he had significant medical bills and was unable to work due to the injury. However, the wrongful death claim that Paul’s family can bring on behalf of his family may be worth much more than Paul’s medical malpractice claim. His death has left behind a spouse, two minor children, and several siblings.