It’s never easy losing a loved one, and it becomes even more difficult if someone’s negligent actions caused the circumstances surrounding the death. In the United States, many people would be shocked to learn that thousands upon thousands of people die each year due to wrongful causes.
If your loved one’s death was preventable, but you’re not quite sure if the type and cause of the death fall under a wrongful death claim, continue reading to find out. In the instance that your loved one has died under wrongful circumstances, it would be best to get in touch with a Vegas law firm, as they can guide you on the options available to you.
What Is a Wrongful Death Claim
A person can file a wrongful death claim when someone has died because of another person’s legal fault through a negligent or wrongful act. Interestingly, a wrongful death claim is a civil claim developed and adopted from the tradition sourced from the English common law system.
Under most circumstances, a wrongful death claim is brought against a liable party by the victim’s surviving family. The majority of wrongful death cases evolve from personal injury cases when the victim succumbs to the severity of their injuries.
Top Three Types and Causes of Wrongful Death Claims
Among the many wrongful death claims, there are a few common types and causes seen most often. However, it’s important to remember that to file a wrongful death lawsuit; you will need to prove that the unfortunate victim died because of someone else’s actions or inactions. Below we will identify three of the most common types and causes so that you can identify if your loved one’s death perhaps constitutes a wrongful death claim.
1. Medical Malpractice Wrongful Death Claims
Medical malpractice is defined as a medical professional such as a nurse, surgeon, or doctor committing negligence by acting or failing to act justly when providing health care services. Most medical malpractice wrongful death claims are sought when medical professionals acted negligently, resulting in their patients’ unnecessary and untimely death. It can be challenging to understand and determine what constitutes medical malpractice so have a look below at the various causes:
- Errors committed during a surgical procedure
- When a patient received an incorrect or delayed diagnosis
- An injury that is caused to a child or mother during birth
- Unethical, delayed, and incompetent treatment of a patient
- Errors made in the dispensation of pharmaceutical medications
2. Workplace Accident Wrongful Death Claims
It might be surprising, but many wrongful death claims arise due to a person experiencing a workplace accident. In most instances, a wrongful death claim can be filed against an employer if the employee was killed due to an accident that occurred at his or her place of work.
Additionally, this type of claim can also be brought against an employer if they intentionally disregarded their employee’s safety, and this resulted in the employee’s death. Have a look below to learn the different workplace accident causes:
- Slip and fall accidents
- Various manufacturing accidents
- Injuries associated with repetitive motion and strain
- Burn injuries from machinery malfunctioning and fires
- Chemical exposure leading to poisoning
3. Car Accident Wrongful Death Claims
In the US, approximately six million people are involved in a car accident each year, and 38,000 of these people die due to injuries they attain. In America, one of the most common causes of wrongful death lawsuits is a motor vehicle accident. Most wrongful death claims occur when death is due to a driver’s negligent accident towards another motorist or passenger. Additionally, wrongful death claims can also be filed against automotive manufacturing companies. Below are a few of the causes of a car accident.
- Speeding or driving recklessly
- Distracted driving, including checking mobile devices
- Defects on the road, such as cracks and potholes
- Auto part defects within a motor vehicle
- Drunken driving incidents
There are many types and causes that can result in the filing of a wrongful death claim. We have just spoken of a few of the most common types so that you can have an idea of what they involve. It’s vital and beneficial to work with a wrongful death lawyer if you would like to file a claim to help you seek compensation. The loss of a loved one is both heartbreaking and traumatizing. Don’t be afraid to seek help in understanding all your options.