Losing someone you love is one of the hardest things you’ll ever experience. It’s even harder when that loss is caused by another person who acted carelessly or intentionally. Wrongful death lawsuits often have serious financial consequences on the family of the deceased, especially if they were a financial provider. Funeral expenses can reach thousands of dollars and create even more stress during an already hard time.
A wrongful death lawsuit can help you seek justice and recover compensation for any financial losses you’ve suffered as a result. If you’ve lost a loved one and aren’t sure if your situation qualifies, here’s some insight into what qualifies for a wrongful death lawsuit.
1. The death happened because of someone else’s negligence
Preventability is a key factor in determining eligibility. You might have a wrongful death claim if your loved one would likely still be alive if someone else had not acted irresponsibly. For example, car accidents are a major cause of preventable deaths. If a distracted, reckless, or impaired driver causes a crash that ends in a fatality, the surviving family members might have grounds for legal action.
With regard to accidents that happen on someone else’s property, including a place of business, property owners have a duty to maintain reasonably safe premises for all visitors and patrons. Property owners can be held legally liable for injuries and deaths resulting from unsafe conditions like broken stairs, poor security, or other hazards. Businesses that ignore safety regulations can also be held responsible for harm to customers and guests.
Dangerous products are a common source of wrongful death claims. Manufacturers have a duty to ensure their products are reasonably safe when used as intended. If a defective product causes fatal injuries, a wrongful death lawsuit is often valid.
2. Medical mistakes can make a claim valid
Healthcare providers are required to meet a professional standard of care, and any deviations from that standard that result in death can form the basis for a wrongful death lawsuit. In the United States, more than 200,000 people die every year from preventable medical errors. The most common medical mistakes that lead to death include:
· Misdiagnosis or delayed diagnosis. When a patient isn’t diagnosed properly and in time, it can prevent them from getting life-saving treatment. In some cases, delayed treatment can reduce their ability to recover.
· Surgical errors. Mistakes made during surgery can result in fatal outcomes. For instance, errors like performing the wrong procedure, using improper technique, or not monitoring a patient properly can support a wrongful death claim.
· Medication mistakes. Giving patients the wrong prescription, the wrong dose, or a medication that is contraindicated can lead to death.
· Negligence. Hospital staff that failed to communicate, didn’t have enough staff, or didn’t follow established protocols can sometimes lead to a patient’s death.
If you’re not sure whether any of these situations apply, a thorough review of medical records might tell you if negligence was a contributing factor.
3. The death happened at work
Workplace fatalities are unfortunately common and often result in lawsuits. Employers are obligated to follow specific workplace safety regulations established by OSHA and other regulatory bodies. Failure to follow these requirements can expose workers to unnecessary risks. When those risks lead to fatalities, lawsuits often follow.
Employers are required to maintain all equipment in good shape, but that doesn’t always happen. When maintenance and repairs are postponed, machines fail and cause fatal injuries. Sometimes equipment failures are caused by manufacturer defects, in which case, they’d take some or all of the legal responsibility.
Poor training can also lead to fatal mistakes that wouldn’t have happened if an employee was properly trained.
4. Criminal conduct was involved
Wrongful death lawsuits often accompany criminal lawsuits. For instance, violent crimes involving homicides and assaults often create both criminal and civil liability. Drunk drivers are often held responsible for fatalities they cause in car crashes, and so are people who cause intentional harm. Sometimes businesses that fail to provide reasonable security measures share responsibility if someone is killed as a result.
5. Your loved one could have filed a personal injury claim
One of the ways eligibility is tested is by determining if your loved one could have filed a personal injury claim if they had survived. Consulting with a personal injury attorney is the best way to know if this or any other qualifying factors apply.
Legal guidance is critical
If someone else’s negligence caused or contributed to the death of a loved one, it’s worth pursuing a wrongful death claim. Speaking with an experienced personal injury attorney can help you understand what you’re entitled to and determine the best path forward.
