Different Types of Wrongful Death Cases: Understanding 3 Common Scenarios

Has someone close to you been killed in an accident or medical incident that was due to another party’s negligence or willful act? 

While nothing can bring your loved one back or make your grief any better, getting compensation for the loss can help you take care of medical bills and ensure the other party is held accountable for their actions. It can also help cover your bills if you’ve had to take time off work to grieve your loss or to handle any other tasks involving the death. 

When it comes to this type of case, there are three common types of wrongful death. Here is more information on those scenarios. 

Scenario 1: Vehicle Accidents 

When a person dies due to another person’s actions—whether intentional or simply negligent—and the person at fault is operating a motor vehicle, a wrongful death case could occur. In most car accidents, claims are settled out of court and cover the cost of repair and medical bills. However, in a wrongful death car accident suit, compensation can also include funeral expenses as well as medical bills and compensation for pain and suffering and lost work time for the loved one filing the suit. 

For a lawyer to prove a wrongful death case in a vehicle accident, he or she will have to prove that the death occurred due to negligence or a willful act. These types of cases are usually the result of one of these three actions: drunk driving, speeding, or traffic violations

Scenario 2: Medical Malpractice 

When a doctor or other healthcare provider fails in his or her duty to provide quality healthcare and his or her actions (or inactions) result in the death of a patient, a medical malpractice suit can be filed. Examples of medical malpractice cases include misdiagnosis of serious conditions, leaving surgical instruments inside a patient’s body, and failing to provide treatment for a life-threatening condition. A medical malpractice lawsuit can also be the result of a medication error, such as prescribing the wrong dosage or prescribing a medicine that fatally interacts with another medication the patient is taking. 

Scenario 3: Workplace Illnesses and Accidents 

If the proper safety precautions are not taken by an employer and these actions (or inactions) result in the death of an employee either due to an accident or illness, a wrongful death claim can be filed. For a wrongful death claim to be filed in this type of scenario, there must be proof that the death was the direct result of the employer’s negligence.

Workplace wrongful death claims are usually complicated by workers’ compensation insurance and the rules surrounding that. Rules tend to vary from state to state, so it’s key you work with an experienced wrongful death attorney to navigate the insurance system and make sure you receive the benefits you’re entitled to as well as additional compensation. 

Choosing an Attorney for Types of Wrongful Death Claims 

If someone close to you has died in one of these types of wrongful death situations or a similar one, it’s crucial that you work with an experienced personal injury lawyer to guide you through the complex legal situations you will face. To choose a good attorney, ask around for referrals, read online reviews on sites like Yelp, Google, and Facebook, and look more in the attorneys’ backgrounds by reading their websites.

Once you’ve narrowed down your choices, you can ask for free consultations from your top contenders to ask questions, learn what they think of your case, and make a final choice. Your attorney will help you prepare your claim, work with you to gather evidence, and be by your side until the claim is settled or is won in court. Visit our website for more like this.

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