The definition of wrongful death is death caused by the negligence, recklessness, or willfulness of a particular party. The surviving family members of the person or persons who were killed usually initiate a wrongful death lawsuit. The family members can include the spouse, parents, and children, but some states also allow grandparents and some extended family members the right to initiate wrongful death lawsuits.
Wrongful deaths do not have to be accidental. Wrongful death is a term used to describe a death that could have been prevented if someone was not negligent. In such cases, the negligent party is pushed to cover the cost of damage that the family members had to bear. In some cases, this could mean millions of dollars and in others, it can mean hundreds of thousands.
The first step in initiating a suit to claim compensation for a loved one’s death would be to hire a Tampa wrongful death lawyer, who can help settle any such lawsuits. They’ll know what to do and handle all the stressful, legal stuff so you don’t have to.
Some of the most common causes of wrongful deaths include the following:
Vehicular Accidents
Deaths caused by vehicular accidents (which would include vehicles like trucks, cars, motorcycles, bicycles, and even airplanes) brought about by a drunk or distracted driver, road construction, an airplane crash caused by the airline’s carelessness, highway pileups, etc would all constitute wrongful death.
When such incidents happen, it is crucial to determine the party that needs to be held accountable. When a death is caused by a particular organization’s actions (or lack thereof), they usually prefer to settle the issue without having to take the matter to court. However, the lawsuit is still an essential element if the family of the deceased wants compensation.
Accidents at Work
Deaths caused by a company’s neglect can be of many different natures, depending on the nature of the job. Unsafe environments, lack of training, mismanaged equipment or even explosions can cause workplace deaths. Many such deaths occur in factories and rarely in offices.
Organizations and companies can be held accountable for wrongful workplace deaths, and compensation is usually easy to seek, especially if the deceased was the sole breadwinner of the family.
Medical Malpractice
The family of the deceased may seek to initiate a wrongful death lawsuit if a medical doctor or practice has failed to provide the deceased with the level of care they needed. Malpractice in such a case can imply a misdiagnosis, an incomplete or incorrect prescription, a diagnosis that was not given on time, broken or dysfunctional medical equipment, incorrect surgery, surgical error, etc.
In such cases, the medical practice, doctor, practitioner, or hospital can be held accountable for the death. However, evidence for such cases can often be challenging to obtain, and accountability is often hard to ascertain if the deceased had a complicated medical history.
Defective Products
Wrongful death can be caused by a defect in a product or the failure of the product’s manufacturer to warn of possible injury from the product. Faulty design, lack of quality control, and even a failure to warn can cause product manufacturers, retailers, and distributors to become liable for the death. If more than one person dies from a product’s defectiveness, manufacturers and other parties involved would likely be more willing to provide compensation.
Pedestrian Accidents
Pedestrian accidents are similar to vehicular accidents; however, the only difference is that the deceased was on foot. Such accidents usually end up being fatal as pedestrians do not have protection that can shield them from an oncoming vehicle.
In such cases, the driver is usually held accountable. However, the city or county can be held liable for the death in cases where the driver could not see the pedestrian because of a lack of visible paths for the pedestrians.
Go Through the Steps
If you are planning on suing someone for the wrongful death of your loved one, it will help to do some research on how wrongful death lawsuits work.