Tuesday, May 21

Seven Types Of Wrongful Death Cases

When a person dies due to the wrongful or negligent acts of another, the surviving family may have a legal right to compensation through a wrongful death claim. While state laws vary, a wrongful death claim can normally be filed by the deceased person’s spouse, domestic partner, child, or parents. Wrongful death claims are designed to help surviving family members recover damages for their losses, including the loss of love, companionship, and financial support.

In order to have a successful wrongful death claim, the claimant must be able to prove that the death was caused by the defendant’s negligence or intentional acts and that the claimant suffered damages as a result. However, when filing a wrongful death lawsuit, you must also consider the statute of limitations. 

The statute of limitations is the amount of time the claimant has to file a lawsuit. In most states, the statute of limitations for a wrongful death claim is two years from the date of death. It is important to consult with a wrongful death attorney as soon as possible after the death to ensure that your claim is filed within the applicable time period.

A wrongful death attorney can help you navigate the complicated legal process and ensure that you can recover the maximum amount of damages to which you are entitled. However, before you pursue a wrongful death claim, the first step is to know whether you are entitled to compensation through a wrongful death lawsuit or not.

So, here are some  different instances that may result in a wrongful death case:

Car Accidents: Car accidents are the leading cause of wrongful death in the United States, with over 40,000 fatalities each year. The vast majority of these deaths are due to driver faults, such as speeding, distracted driving, or drunk driving. In some cases, however, the accident may be caused by a defective car part, such as faulty brakes or defective tires. If the accident was caused by someone else’s negligence, the victim’s family can file a wrongful death lawsuit.

Commercial Trucking Accidents: Commercial trucking accidents are often much more devastating than regular car accidents due to the size and weight of the trucks. These accidents can often result in severe injuries or death due to the sheer force of the impact. If the accident was caused by the truck driver’s negligence and your loved one was the victim, you are entitled to file a wrongful death lawsuit.

Motorcycle, Bicycle, and Pedestrian Accidents: Motorcyclists, bicyclists, and pedestrians are at a much higher risk of being seriously injured or killed in an accident than people in cars. This is because they do not have the same level of protection as someone in a car. If the accident was caused by the negligence of another driver, the victim’s family may be able to file a wrongful death lawsuit.

Medical Malpractice: Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care owed to a patient, resulting in the patient’s death. To win a medical malpractice wrongful death case, it must be proven that the death would not have occurred if the healthcare professional had acted properly.

Workplace Deaths: Workplace deaths are all too common, particularly in high-risk industries such as construction and mining. If an employee is killed on the job due to the negligence of their employer, the surviving family members may be able to file a wrongful death claim. To be successful, it must be shown that the employer knew or should have known about the dangers present in the workplace and failed to take steps to protect employees.

Defective Products: When a defective product leads to someone’s death, their surviving family members may have a valid wrongful death claim against the manufacturer or seller of the product. To win a defective product wrongful death case, it must be proven that the product was defective and that the death occurred as a result of that defect.

Slip and Fall Accidents: Slip and fall accidents can occur on any type of property, but they are most common in places with a lot of foot traffic, such as retail stores, restaurants, and office buildings. These accidents can happen when a property owner or manager fails to maintain the premises in a safe condition or fails to warn visitors of a potential hazard. So, if a person is killed in a slip-and-fall accident, their surviving family members may be able to file a wrongful death claim against the property owner. 

The Bottom Line

Wrongful death cases can be complex and emotionally charged. If you have lost a loved one due to someone else’s negligence, it is important to seek legal counsel from an experienced wrongful death lawyer in Boston who can evaluate your case and help you to determine the best course of action.