The passing on of a loved one is usually a painful and devastating experience. It could be more challenging if it was caused by negligence. In law, this is known as wrongful death. If you have lost your loved one due to negligence, then you have the right to file a wrongful death claim. But, how do you tell that your case against the defendant is objective and robust enough to warrant legal action? Let us look at some case scenarios when you can file a lawsuit for the wrongful death of your loved one.
If a negligent driver killed the deceased
For starters, you can file a lawsuit against a negligent driver who caused the death of your loved one. For example, if the driver was texting while driving or drunk-driving and ended up causing a fatal accident, then this may warrant legal action. According to expert car accident lawyers at Greenwald Law Firm, proper investigations can be carried out to ascertain that indeed the driver was drunk and the fatality could have been avoided. And if you could accumulate sufficient pieces of evidence, you stand a better chance at winning the case. Apart from drunk driving or DUI, there are several other possible reasons which may lead to the wrongful death of your friend or loved ones. For example, jumping signals, overspeeding, and missing on car maintenance are also some of the common reasons found to be responsible for causing fatal accidents. That being said, it is noteworthy that only an experienced lawyer can help you understand the gravity of the crime and what you should expect in compensation from the defendant.
If a product malfunction caused the death
The law stipulates that product manufacturers ought to ensure that their products are safe from defects that can cause injuries or fatalities. In other words, you can seek justice for your loved one over unexpected death cases caused by a defective product. Most wrongful death lawsuits are filed if the deceased was killed by defective products such as:
- Auto-parts, including malfunctioning tires, brakes, etc.
- Sporting gear
- Industrial machines
- Medical devices, e.g. cardiac pumps and defibrillators.
- Food products
Frankly, any product can malfunction seriously enough, causing injuries and death. You can speak to an attorney if you suspect that any product might have contributed to the death of your loved one. Notably, when filing for a wrongful death claim due to product malfunctioning, you will need to ensure that the manufacturer did not warn or state the possibility of accidents. For this reason, even laws mandate it for the manufacturers to clearly mention the precautions and usage guidelines for the users.
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If the deceased slipped and fell in unsafe property
Each year, thousands of people get injured and killed from slipping and falling on a floor, stairs, or other unsafe spots in buildings. If your loved one was injured in a slip and fall accident, which led to their death, you can also seek justice! Try to find out if the accident could have been avoided if the property owner was more careful.
For example, property owners have to ensure that swimming pools are safe for children. They should do so by securely covering by a fence to prevent children from using them unattended. If any property owner fails at that duty, and it leads to the death of your loved one, then they can be held accountable and liable.
If there was a breach of duty of care
You can also file a wrongful death legal case if you believe that a party owed a duty of care to your beloved one. For example, a doctor owes a duty of care to the patient by prescribing the right medication and using the right treatment procedures. In case the doctor is involved in medical malpractice such as misdiagnosis, which led to the death of your loved one, you can swiftly file a lawsuit implicating the doctor and healthcare facility.
The death of a loved one brings pain, especially if it would have been prevented. And surprisingly, in many countries such acts of negligence are comparable to intentional killing. After all, if there are safer practices that can be followed than they must be followed. Find out the cause and determine if you can file a lawsuit to seek justice for your loved one. You can speak to a skilled attorney to help you seek compensation for wrongful death.