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Accident Lawyers Network

Tuesday, March 14, 2017

How Can A Wrongful Death Lawyer Be Of Assistance?

When a person dies as a result of the negligence, carelessness, or inaction of another person, the family members of the victim can file a wrongful death lawsuit against the responsible party. Holding the person or party responsible for the negligence will not bring the loved one back, but it can provide some solace and relief to the family members.

What are the common causes of wrongful death?

Any number of things can cause a fatality and if they involve negligence, it can result in a wrongful death claim.  Examples include an auto accident, medical malpractice, a defective products, as well as accidents at construction sites. When a person or party acts irresponsibly towards another person, with complete disregard of the safety or welfare of the other person and that action results in an injury or death, the actor can be liable in a wrongful death claim.

Let's have a look at the causes of wrongful death in detail:

Motor vehicle accidents - Every year, more than 42,000 fatalities are reported in the United States in traffic accidents. Motorists are required to operate their motor vehicles with caution while on the road, being mindful of pedestrians, cyclists, and other vehicles on the road. However, when someone dies in an auto accident due to the negligence of another driver, a wrongful death claim can be filed against the at-fault party.

Medical malpractice cases - When a health care provider or medical practitioner fails to perform his or her duties in a responsible manner, resulting in the injury or death of a patient, the medical provider can be held accountable. A significant number of wrongful deaths are caused by medical malpractice in the United States every year. Usually, these cases are brought by family members who claim that the defendant caused death or permanent injury to their loved one.

Product liability cases - Product liability law provides that manufacturers, distributors and product designers have an obligation to ensure that the products they are producing and selling are safe for the end user. Sadly, some product manufacturers and designers fail to carry out rigorous testing to determine whether the product is actually safe to use by the public. If the product has a manufacturing defect, a design defect or even a packaging defect, and that defect results in the death of a user, the manufacturer or designer may be held responsible.

Workplace accidents – Employers have a legal obligation to provide a safe work environment to their employees by meeting OSHA (Occupational Safety and Health Administration) standards. A dangerous work environment at factories, manufacturing plants, or construction sites poses a serious risk to workers. Some examples of workplace accidents include burns, explosions, equipment accidents, ladder and scaffolding accidents, as well as hearing loss over time. These accidents cause a number of deaths every year. If an employee is killed at the workplace as a result of his employer's negligence, or if the employer failed to address the issue of employee safety, then the employer may be held responsible.

Most states require employers to provide workers’ compensation coverage. In most cases involving on-the-job injuries and death, the claimant will receive workers’ compensation benefits. Even when the employer has workers’ compensation, however, in some cases, family members may be able to file a third party wrongful death claim in some very narrow circumstances.

Get help from a Wrongful Death Attorney

In all these cases, it is advised to seek help from a wrongful death attorney. The attorney will be well-versed with the personal injury laws in your state and will also understand the statue of limitations for filing a wrongful death claim. By filing a wrongful death lawsuit, the negligent party may not be charged with a crime, but may be required to compensate the remaining family members for their loss. Discuss your case with an experienced wrongful death attorney to obtain a fair and just settlement.

posted by Admin at 12:44 PM

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