When is a Death a Wrongful Death?

MalibucrashWrongful death is a term that many people hear when a person refers to lawsuits. This concept falls under the guidelines of personal injury. A personal injury is any injury, ailment or sickness that results from the negligence of another party. The victim has rights under the personal injury laws to file suit against the negligent party. Family members of a person who dies because of another party’s neglect may also seek legal restitution from the offending party for compensation. The following are three examples that depict the idea of wrongful death:

Medical Malpractice Wrongful Death

People who practice in the field of medicine are responsible for the health and welfare of their clients. Any person who conducts an act or omits any part of a proper procedure may be subject to a wrongful death lawsuit. For example, a doctor who administers penicillin to a patient who is allergic to penicillin may be negligent according to the law of their jurisdiction. If that patient dies, his immediate family members can pursue legal relief for the unnecessary loss.

Automobile Accidents

Many automobile accidents can qualify for wrongful death easily. Any time a person gets behind the wheel of a car, that person is responsible for other drivers. If a driver operates the vehicle while intoxicated, distracted or indifferent to traffic rules, he or she might end up on the receiving end of a wrongful death case. The spouse and children of a deceased driver can go after the other driver in this type of case. An example of this type of case is a situation in which a driver rear-ends another vehicle due to the distraction caused by text messaging.

Work Injuries

Fatal injuries that occur in the workplace can also qualify for wrongful death suits. An example of an injury that could be fatal is an object falling on a top shelf onto a customer’s head or an employee’s head. If that person were to suffer a brain hemorrhage and die, the courts may find the company liable for the person’s death. This type of case would require an extensive investigation to establish the neglectful party.

In conclusion, wrongful death is a term that is equal to unnecessary death. A wrongful death is something that a person could have avoided if that person was acting or reacting mindfully. To avoid wrongful death suits, all consumers, businesses and homeowners should stay aware of their surrounding and any potential dangers.

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