It is devastating for a family to lose the life of a loved one due to another person’s negligence, recklessness or wrongdoing. Coping with such a difficult loss can be one of the most strenuous times of your life. Hiring an attorney to file a wrongful death lawsuit may be the only way to receive closure and the financial compensation that your family is entitled.
How Does a Wrongful Death Occur?
Negligence or failure to act resulting in the death of a person is considered a wrongful death. A claim may be filed against the wrongdoer to hold them accountable for the victim’s death which, in most cases, allows the family to recover monetary compensation. Although the type of accident really does not matter as long it can be proven that the at-fault party is responsible for the wrongful death, here are some of the common types of accidents in wrongful death lawsuits:
- Medical Malpractice: This could involve hospital workers negligence in the emergency room such as performing surgical errors, misdiagnosing a health condition, birth injuries, delayed and improper treatment, lack of informed consent, pharmaceutical errors, and defective medical devices.
- Car Accidents: Automobile companies may be held responsible for a defective part in their vehicles that they manufactured. Drivers may also be responsible for speeding, reckless or distracted driving or drunk driving.
- Trucking Accidents: Truck companies may be held accountable for accidents caused by the employed driver breaking any trucking rules or regulations, driving aggressively, driving during adverse conditions, driving with an overweight load, or driving while intoxicated. The trucking company can be held liable for any type of negligence or mechanical defects involved with the truck.
- Motorcycle Accidents: These types of accidents are typically caused with drivers fail to take notice of motorcycles on the street, usually when switching lanes. Motorcyclists involved in such accidents could be left suffering with brain, back, neck and/or spinal cord injuries, paralysis, severe burns, broken bones and scarring. Motorcycle accidents can also occur when drivers crash their bikes due to road defects or other types of hazards.
- Workplace Accidents: Employers are responsible for making sure that their employees are safe while working. Wrongful death claims for the workplace include repetitive motion and strain injuries, manufacturing accidents, transportation industry accidents, Asbestos and Mesothelioma, barge and towboat accidents and railroad worker injuries.
What Damages is My Family Entitled to?
The emotional and financial injuries that a family faces after a wrongful death can be quite burdensome. Courts consider a variety of factors when determining the damages one may receive on behalf of the deceased such as:
- The amount of money earned by the deceased
- The savings of the deceased
- The degree to which survivors were financially dependent upon the deceased
- Expenses incurred by survivors for medical and funeral costs