What Are the Possible Causes of Wrongful Death?
Wrongful death is a legal term used to describe a death that results from the negligence or wrongful acts of another person or entity. While losing a loved one due to someone else's negligence is always tragic, knowing the potential causes of wrongful death can help you be better prepared to protect your family and seek justice if the unthinkable happens.
Read on to learn some causes of wrongful death and when death legally qualifies as wrongful.
Auto Accidents
While some causes of car accidents — such as weather conditions — are out of the driver's control, most result from human error.
Common examples of driver negligence that can lead to car accidents and wrongful death include:
- Influenced driving
- Distracted driving
- Reckless driving
- Fatigue driving
For a car accident death to be considered wrongful, negligence must have been the direct cause of the accident. For example, if a drunk driver rear-ends another car and kills the driver, that would be considered wrongful death.
Medical Malpractice
Unfortunately, not everyone who goes to the hospital for treatment lives. While some causes of death are due to pre-existing conditions or unforeseen circumstances, others result from medical errors.
Medical malpractice covers a wide range of specialties and procedures. Some of the most common causes of death due to medical malpractice include misdiagnosis or delayed diagnosis and surgical errors.
If you have lost a loved one due to what you believe was a preventable error on the part of a medical professional, you may have grounds for a wrongful death claim.
Workplace Accidents
A workplace accident wrongful death can occur due to:
- Fires
- Explosions
- Exposure to hazardous materials
- Falls from great heights
Deaths from such incidences are termed wrongful if the employer knew of the hazardous conditions and did not take steps to mitigate the issues or if the employee wasn't adequately trained to handle the situation.
For example, suppose an employee is working with a dangerous chemical without the proper safety gear, and the worker becomes sick and dies. If the employer knew of the hazard and did not take steps to protect the employee, the death could be considered wrongful.
Defective Products
When you purchase products, you generally expect them to be safe for use. But sometimes, products are defective and can cause injuries or even death.
For instance, suppose you buy a car with defective brakes that fail while driving and result in an accident. That would be considered wrongful death. You may also purchase a faulty household appliance, like a space heater, that starts a fire and causes the death of a family member.
Other common examples of defective products that have caused wrongful death include faulty medical devices. In such cases, you may be able to file a wrongful death claim against the manufacturer of the defective product.
Homicide
While some homicides are accidental, others are intentional. For example, if your loved one dies during a robbery, that would be considered wrongful death. In addition, if your loved one's death results from any type of assault, that qualifies as wrongful death.
No matter the cause of your loved one's death, if you believe that another person or entity is responsible, you may be able to file a wrongful death claim. However, filing a wrongful death can be complex, so you should hire an experienced wrongful death attorney to help you through the process.
C. Dennis Wegner & Associates is your trusted law firm to handle wrongful death claims. We understand the ins and outs of the law, and we will fight to get you the compensation you deserve. We will evaluate your case to establish if you have a viable claim and help you navigate the process every step. Contact us today for a consultation.