Wrongful death cases are one of the most tragic types of criminal or civil cases that can occur. Wrongful death is defined as killing an individual through gross negligence, recklessness, intentional misconduct, or other reckless wrongdoing. The hearts of every member of the legal profession go out to those who have suffered this loss. In this post, we’ll go into examples of wrongful death scenarios and how a lawyer can help you if you feel you need to pursue this path.
Two Categories of Wrongful Death
Wrongful death falls under two categories: criminal and civil wrongs. Criminal wrongful deaths involve a third party who intentionally killed another person while committing a crime such as murder or manslaughter. Civil wrongful death involves someone whose negligent actions lead to another person’s injury or death. A wrongful death attorney can help sort it for you.
Examples of Wrongful Death Situations
- Someone was killed because of an impaired driver.
- A doctor made the wrong diagnosis and prescribed the wrong medicines at the wrong time or in bad combinations, causing death.
- A person purchased a defective item. When the thing breaks, a series of immediate events result in death (exploding cell phone, broken car parts, etc.).
- A personal injury accident resulting from a party where drugs, alcohol, or other substances and reckless behavior were present. Complications from the injury result in death.
- Someone buys expired food (even just slightly expired) from the grocery store, eats it, is poisoned, and dies.
- The victim of a mugging, robbery, gang-related conflict, or similar violence that results in death.
- A person purchases a new and legal recreational substance, except it is tainted from the factory, and the person dies.
- Someone dies from the accidental discharge of a firearm.
- A patient in a hospital needs a particular piece of medical equipment to live, and the machine becomes defective, resulting in the patient’s death.
- Someone held in police or county custody dies due to excessive force.
What’s Needed to Prove a Wrongful Death Claim
In most cases of wrongful death claims, the family and loved ones left behind have an idea of who else may have contributed to the passing. Periodically, wrongful deaths may also result from accidents in which no identifiable party acted negligently but where the victim’s family nonetheless seeks compensation for their loss.
Proving a wrongful death involves first determining whether or not the deceased was killed by an act that violated their civil rights (a crime) or died due to someone else’s negligence (civil). If it can be shown that an individual has been wrongfully killed, then the deceased’s family can recover damages.
How a Wrongful Death Attorney Helps
A wrongful death attorney may help a victim’s family file or investigate their claim with insurance companies, work to gather evidence that supports their argument, or negotiate a settlement. Wrongful death attorneys can also help family members with the financial aspects of their loss, including making funeral arrangements and providing emotional support to grieving families in different stages.
Conclusion
Wrongful death lawsuits can be based on various types of negligent acts, including defective or dangerous products, medical malpractice, criminal convictions, and even police brutality. In all cases, a wrongful death claim should be examined to see if a legitimate claim can be made. If a legitimate claim cannot be made, then the family and loved ones can at least have closure knowing they tried.