Wrongful death cases can be hard on everyone involved, those who caused the death, the family and friends of the deceased, and even the lawyers who must work to arrive at the proper settlement. But if someone has died and there is a definite entity or entities which can be held legally responsible, then it must be resolved so that there can be closure and whatever satisfaction for the surviving parties the law allows. Here are five facts about wrongful death lawsuits that everyone should know.
Elderly Deaths Caused by Falls Can Often Lead to Personal Injury Cases
If an older adult dies because of a fall in their home, then it is unlikely that a personal injury case will come out of it. However, if a fall occurs in a nursing home or assisted living facility and it is determined that there was negligence involved, it is possible that the family of the deceased might bring a case against the facility or individuals working therein. Always be very careful to look at the reputation of an assisted living facility before arranging to place an elderly relative there.
Transportation and Material Moving Deaths Are Relatively Common
Moving of toxic or heavy materials is a profession that results in a high number of fatalities. Truck drivers, for instance, have a high fatality rate. When these sorts of deaths occur, it’s possible that no one will be found at fault. However, any time that faulty equipment comes into play, a driver’s family might choose to pursue a wrongful death case.
Burns and Drowning
Death due to burning or drowning happens much more often to children than it does to adults. If a child dies due to these circumstances, the parents might be held liable if they were not paying attention to what the child was doing. If there were faulty appliances or insufficient warnings on potentially lethal household products, a wrongful death suit might be in the works. Hupy and Abraham handles personal injury cases, and there are others that do as well.
Birth defects that eventually lead to death are another subcategory of wrongful death suit. Defects happen most often due to the use of dangerous drugs by the mother during pregnancy. If the mother receives poor counsel from their physician during pregnancy, though, that physician might be held liable for the death of the fetus or infant. In such cases, the doctors will most likely try to prove that they followed standard medical practices.
Medical malpractice which leads to wrongful death is a similar situation. The family of the deceased might elect to bring suit against a doctor, or another medical professional who they feel was negligent in their duty and did not provide the proper care. Again, the case will likely hinge on whether the accused acted according to what the medical community would deem standard and approved practices given the situation.
Wrongful death is tragic, but if some person or entity caused the event by their negligence, the family has the right to pursue justice. The courts sometimes exist for unhappy purposes, as is the case when these situations arise.