Wrongful death claims often result from negligence or recklessness and can have a devastating effect on the deceased’s family. Understanding the leading causes of wrongful death claims can help families prepare for and prevent them in the future.
In this blog post, we will discuss some of the top leading causes of wrongful death claims and how you can gain compensation should one of your loved ones be taken from you due to one of these causes. Keep reading to learn more about the leading causes of wrongful death claims.
Medical Malpractice
Medical malpractice is one of the leading causes of wrongful death claims. It occurs when a health care provider breaches their duty of care to a patient, resulting in injury or death. Examples of medical malpractice include misdiagnosis, failure to diagnose, surgical errors, and prescription errors.
When a medical professional fails to meet their standard of care and a patient suffers injury or death; as a result, the family may have grounds for a wrongful death claim. To make a successful medical malpractice claim, the plaintiff must demonstrate that the healthcare provider was negligent and failed to provide appropriate care.
Medical malpractice cases can be complex and expensive, so it is important to seek legal advice from an experienced attorney who can help navigate the process. If a medical malpractice claim is successful, families may recover compensation for medical bills, lost wages, and pain and suffering.
Motor Vehicle Accidents
Motor vehicle accidents are the leading cause of wrongful death claims in the United States. In 2022, the National Highway Traffic Safety Administration (NHTSA) reported 31,785 people died in motor vehicle crashes.
Unfortunately, many of these deaths are preventable. Careless and reckless driving behaviors such as distracted driving, impaired driving, speeding, and running red lights are major contributors to deadly motor vehicle accidents. Further, poorly maintained vehicles, faulty roads, and dangerous weather can contribute to motor vehicle crashes.
If someone’s negligence or recklessness causes the death of another person, then the victim’s family may be able to pursue a wrongful death claim. Common damages that are sought in these cases include medical and funeral expenses, loss of income and benefits, loss of companionship and emotional support, pain and suffering, and punitive damages.
Workplace Accidents
Workplace accidents can happen in a variety of ways and can involve anything from slips and falls to electrocution or explosions. Employers often fail to provide a safe working environment or protect their employees from hazards. This can lead to serious injuries or fatalities that can become the basis for a wrongful death claim.
In addition, some workplace accidents occur due to defective equipment or materials. Employers may be held liable if the equipment or materials they provide cause an employee injury or death. Employers may also be liable if they fail to properly train their employees on the use of equipment or safety procedures.
When a workplace accident leads to a wrongful death claim, the deceased worker’s family members may be eligible for compensation for medical bills, pain and suffering, and other damages.
Defective Products
Defective products are some of the leading causes of wrongful death claims. When a product is not designed or manufactured properly, it can cause serious injury or even death to the user. In many cases, the product manufacturer is liable for damages and losses resulting from a defective product. For a claim to be successful, it must be proven that the defect in the product was the cause of death or injury.
Common examples of defective products include automobiles with faulty brakes, medical devices with design flaws, and toys that do not meet safety standards. Other products that may be involved in wrongful death claims include pharmaceuticals, construction tools, and industrial equipment.
It’s important to remember that a claim doesn’t have to involve a physical defect in a product to be successful.
