What Is A Wrongful Death Lawsuit?
A wrongful death lawsuit is a case in which one is accused of causing the death of another due to one’s negligence or misconduct. This lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses.
Understanding A Wrongful Death Claim
Wrongful death is considered as a manslaughter case rather than a murder or a homicidal case hence the case is brought to a civil court and not to a criminal court. The loved ones of the deceased file for a wrongful death claim to be compensated for their loss. Originally, wrongful death statutes were created to provide financial support for widows and orphans, nonetheless, wrongful death statutes vary in different states.
- Different Types of Life Insurance Coverage
- Top 10 Life Insurance Mistakes and How to Avoid Them
- Types of Insurance Fraud and How to Recognize Them
- 5 Times to Rethink Your Life Insurance Needs
Common Causes Wrongful Death
The causes of wrongful death can’t be numbered. However, 7 common causes in California, Florida, and New York have been listed below.
1. Medical Malpractice
Medical experts are not above mistakes and would be held responsible for their gross mistakes if a life is lost.
2. Car Accident
In Florida this the highest case of wrongful death. Most times the drivers are held responsible for the deaths of victims due to their recklessness. In rare cases, the drivers are faultless while in some cases the county or city is liable due to bad road.
3. Defective Product
When an expired or bad product harms a consumer to death, the manufacturer of such a product is held responsible if they are at fault.
4. Pedestrian Accident
A pedestrian accident can occur if drivers are reckless and could result in the death of a pedestrian. In most cases, the drivers are held liable.
5. Plane Crash
An aviation accident is rare but fatal when it occurs. The cause is often mechanical issues from the aviation company or the pilot. The company is faulted whenever there’s a plane crash.
6. Birth Injuries
A baby could contract an infection or be deprived of proper oxygen at birth. This could lead to permanent disabilities, which may affect the child cognitively, emotionally, or physically. If it leads to the death of the infant, the family can file a claim on wrongful death against the medical experts.
7. Criminal Actions
Criminal actions like shootings, stabbings, fightings could lead to random deaths. Either the killers or the government would compensate the families of the deceased. Also, the killers would be prosecuted.
- Different Claims Covered by a Personal Injury Attorney
- 7 Tough Questions You Must Ask Your Personal Injury Lawyer Before Hiring Them
- 5 Most Common Mistakes to Avoid When Choosing a Personal Injury Attorney
- How to Hire the Best Personal Injury Attorney
- Top Claims Won By Personal Injury Lawyers
Filing For A Wrongful Death Lawsuit
No one expects to lose their loved ones, but if it happens as a wrongful death then the family of the deceased person should get an attorney in filing for a wrongful death lawsuit. A filing can also be done by an estate representative of the deceased person.