The 6 Most Common Types of Wrongful Death Cases
March 29, 2023 | Wrongful death
The death of a loved one is never easy on their family. It is even more difficult to deal with when the death of a loved one was caused by the carelessness of another person. Wrongful death occurs when a person dies as a result of the reckless or negligence of another party. The party could be an individual or organization such as a business or even a government agency. When this occurs, the survivors of the deceased can pursue compensation for the loss of their loved one from the liable party. Below, we explore some of the most common types of wrongful death cases.
- Car accidents
Hundreds of thousands of lives are lost every year in car accidents. Countless more people are faced with long and painful recoveries from injuries caused by car accidents. Car accidents are the most common type of wrongful death case because of the large number of drivers and how heavily people rely on cars for transportation on a daily basis.
A good majority of car accident deaths are a result of negligence on the part of at least one driver. Driver negligence can occur in various forms including:
- Reckless driving
- Driving under the influence of drugs or alcohol
- Speeding
- Distracted driving
There are also instances when car accident fatalities occur as a result of the negligence of other parties aside from the drivers involved in the accident. These include accidents caused by:
- Poor road conditions
- Construction or road repair activities
- Auto defects
- Truck accidents
Like cars, there are numerous trucks on the roads today. However, accidents involving trucks almost always result in catastrophic injuries and often fatalities. This is because the size and weight of these vehicles is much greater than that of the average passenger vehicle. The force of a collision is therefore much greater.
Truck accidents resulting in wrongful deaths can occur for a variety of reasons including:
- Aggressive driving
- Mechanical defects
- Driving while fatigued
- Improper loading
- Driving under the influence of drugs or alcohol
- Road defects
- Medical malpractice
We trust healthcare professionals to provide us with a good standard of care. We trust them to work to preserve or improve our health. Healthcare professionals train for years in order to gain the skills and experience to do just that. However, there are times when some healthcare professionals make mistakes. When this happens the consequences can be the death of the patient.
While medical procedures come with risks, there are times when healthcare professionals fail to follow proper procedures, cut corners or even fail to take action resulting in the death of the patient. This is considered medical malpractice. Medical malpractice cases resulting in wrongful death may involve:
- Birth injuries
- Surgical errors
- Delayed or improper treatment
- Misdiagnosis
- Use of defective medical devices
- Pharmaceutical errors
- Lack of obtaining informed consent
- Workplace accidents
Employers are required by law to provide their employees with a reasonably safe working environment. This is true even for occupations that involve high risk of injury. Wrongful death as a result of a workplace accident can occur when an employer puts a worker in a dangerous situation or willfully refuses to adhere to reasonable safety standards. Some examples of wrongful death cases resulting from workplace accidents include:
- Asbestos exposure
- Strain injuries
- Manufacturing accidents
- Use of defective machinery
- Lack of safety equipment
- Slip and fall accidents
- Accidents occurring as a result of fatigue
Survivors of the deceased may be entitled to compensation for the loss of their loved one through the workers’ compensation system. However, there are circumstances under which survivors can pursue additional compensation through a wrongful death lawsuit. For example, if a third party such as a contractor was responsible for causing the accident, the survivors can file a wrongful death lawsuit against the contractor.
- Defective products
Manufacturers have a responsibility towards consumers to ensure that their products are safe for the application for which they were designed. When manufacturers fail to produce safe products, they can be held responsible for the injuries and even the deaths resulting from the use of the unsafe products. Wrongful deaths caused by defective products may involve:
- Defective equipment
- Dangerous toys
- Toxic food products
- Toxic food containers
- Defective pharmaceuticals
- Motorcycle accidents
Unlike other vehicles on the road, motorcycles do not provide the rider’s body with protection. The rider is therefore exposed to the full impact of a collision. Motorcycle accidents therefore often result in catastrophic injuries and fatalities. Fatal motorcycle accidents are often a result of negligence. They may involve:
- Speeding
- Driving under the influence of drugs or alcohol
- Road defects
- Defective vehicle parts
- Aggressive driving
Speak with an Experienced Attorney
While a wrongful death lawsuit will not bring back your loved one, it can help to provide your family with the financial support you need following your loss. The settlement can help to pay medical expenses and funeral expenses. It can help to replace lost income. You can seek justice on behalf of your lost loved one.
Contact us at 402-933-3345 to speak with an experienced wrongful death attorney and find out how we can help you during this difficult time.
Common Types of Wrongful Death Cases