Your life is never going to be the same when a loved one dies. If you feel the death was easily avoidable, this makes it all more difficult to process. By a simple definition, wrongful death claims can be filed by the surviving family members and loved ones of a person who was killed or died as the result of injuries that otherwise could have been prevented. When you’re living this nightmare, nothing about it seems simple at all. Let’s try to provide a little more understanding on this tough subject.
What is Wrong Death?
While all deaths are sad, not all deaths constitute a legal action afterwards. Wrongful deaths that are recognized by the court include:
Wrongful acts involve violent crimes. You are able to bring a civil suit forward, regardless of whether or not the person was convicted of criminal charges. This is because the criteria for a criminal prosecution are much higher than for a civil lawsuit such as this. Perhaps a driver hit a cyclist and killed them. While there isn’t enough evidence to prosecute them for murder, they can be held accountable with a lawsuit.
Perhaps a person didn’t act violently; they didn’t act at all. Examples of negligent acts include failing to follow standard safety regulations and procedures, failing to warn others of potential dangers, or otherwise acting in a reckless manner. A medication error that leads to an accidental overdose would fall into this category.
Examples of Wrongful Deaths
According to the Centers for Disease Control and Prevention (CDC), unintentional injury deaths are the fourth leading cause of death in the U.S. There are over 130,000 of these deaths each year. The same CDC report says many wrongful death cases involve the following types of accidents:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Accidental poisonings
- Medication errors and overdoses
- Animal or dog attacks
- Drowning, boating and recreation accidents
- Premises liability accidents involving slip and fall injuries, or being struck by or against an object
- Construction site accidents
- Product liability cases where a defective or dangerous product results in accident injury and death
- Medical malpractice errors and mistakes
- On-the-job accidents and illnesses
Hire a Wrongful Death Attorney
Now that you’re more familiar with exactly what constitutes a wrongful death in our legal system, it is time you contact a wrongful death attorney to get justice they deserve. Surviving parents, spouses, children, and other family members and beneficiaries of the departed may be entitled to damages through a lawsuit filed by a wrongful death attorney. Those in the Covington area can call upon the trusted and experienced lawyers at Ellen Cronin Badeaux for this important task.