Understanding Examples Of Wrongful Death Cases
If the death of your loved is caused because somebody was negligent, that experience is traumatic and depressing. Either the death was as a result of a danger in the workplace or from an automobile accident. Regardless of the cause this is an experience that has effect of altering the well-being of a family emotionally and financially.
The only a person can be assumed that he holds liability for the wrongful death, it will be necessary to prove that the defendant had a duty of care to the late person. This is defined as the legal responsibility for a person to act with reasonable care to ensure that his actions do not cause harm to others. As well it needs to be proved that the breach was the direct cause of the harm that lead to the death.
Automobile accidents are some of the most common causes of wrongful deaths. What mostly leads to these accidents are speeding, distracted driving and driving under the influence. A driver therefore can be blamed for causing the death through negligence and required to assume liability. If the accident was as a result of faulty traffic lights, the county or city where the accident took place will be held liable.
Cases of wrongful death can occur when residents of a nursing home are neglected or abused thereby leading to fatal injuries. Cases of abuse will include failure to offer proper medical care, physical abuse and dehydration. This can lead to falls, bed sores and an array of other complications for which the facility is held liable.
A lot of wrongful deaths take place at the place of work. Among the areas that these deaths are reported on a frequent basis are in construction and manufacturing which are normally viewed as high risk occupations. An employer will be held for the fatalities if it is proved that he failed to have proper maintenance of the equipment or the premises.
Malpractices in the medical field are other common causes of wrongful deaths. As much as healthcare professionals are devoted to the care of their patients, it is still possible to have human mistakes and errors. Surgical mistakes, misdiagnosis and hospital negligence are some of the most cited medical malpractices. This can be caused by failing to follow proper procedures or cutting of corners.
If a fatality occurs as a result of a person using a product that is defective, this can be regarded as a wrongful death. If you are in the distribution chain either as a seller, manufacturer or the designer of the product you will be held liable for the death. Among defective products that can lead to wrongful deaths include pharmaceutical medications, tools and machinery, toys and motor vehicles.