By North Metro Litigators
The death of a loved one is painful, especially if you suspect that it was avoidable. Wrongful death claims are lawsuits filed when a person dies as a result of the actions of another person or entity.
But not all deaths qualify for wrongful death claims. Before you file for a wrongful death claim, a personal injury lawyer has to consider several factors. Below are five scenarios that qualify a case for a potential wrongful death claim.
1. If the Death Was a Result of Negligence
Sufficient proof that the death of the loved one was a conscious disregard for the wellbeing of others by the defendant qualifies for a wrongful death claim. The defendant can be an individual or an institution. Negligence can take many forms, such as failure to exercise reasonable care or adhere to established rules or safety standards. Behaviors such as driving under the influence of drugs or alcohol and excessive speeding fall under this category.
2. If the Death Was a Result of Recklessness
The plaintiff has to prove that there was a deliberate decision by the accused to engage in acts that pose a risk to others and provide proof that the defendant’s behavior was a direct and substantial cause of the victim’s death. Plaintiffs should prove a clear departure from the standard of care that a reasonable person would exercise under similar circumstances.
3. If the Death Was a Result of Intentional Harm
The plaintiff must demonstrate that the defendant acted with intent to cause harm or death to the victim. This proof involves evidence of premeditation of a plan or motive to harm the victim. Examples of intention to harm in wrongful death cases include acts of violence such as assault or murder or intentional infliction of harm through deliberate actions such as arson or poisoning.
4. If the Death Was a Result of Product Liability
Product liability refers to the legal responsibility of a manufacturer or seller for injuries and damages from a defective or dangerous product. It includes defects in design or manufacturing that cause harm to its users. Failure to adequately warn product users of dangers that are not obvious makes the manufacturer liable for any injuries or deaths from the said product. The manufacturer also bears liability for breach of warranty that results in injury or death.
5. If the Death Is a Result of Medical Malpractice
This lawsuit occurs when a medical practitioner or institution breaches the standard code they owe to the patient, resulting in injury, harm, or death.
Examples of medical malpractice are a failure to diagnose a medical condition or misdiagnosis of a medical condition that leads to the patient’s death. Surgical errors during surgery that result in injury or death are liable to a malpractice suit.
A wrong prescription of medication or dosage that results in the patient’s demise is also grounds for a wrongful death claim. Failure to obtain consent from the patient or a close family member before a medical procedure leading to the patient’s death is also medical malpractice.
When a wrongful death claim is successful, the plaintiff, usually the immediate family member or estate of the deceased person, may receive compensation for their losses. Compensation may include economic damages and non-economic damages. Financial expenses such as lost income, medical expenses, and funeral costs are monetary damages. Non-economic damages include loss of companionship, emotional distress, pain, and suffering.
North Metro Litigators believes that everyone is created equal under the law. We are a firm that cares and fights for its clients. Contact us today to book an appointment. We look forward to helping you.
