Losing a loved one is a traumatic and heartbreaking experience. When that death is caused by someone else’s negligence or wrongful actions, the grief can be even more overwhelming.
In these unfortunate circumstances, understanding the types of wrongful death claims can help you navigate the legal process and get the justice your loved one deserves. We will cover the different wrongful death claim types, what they involve, and how we can help you during this difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by another individual’s negligence, recklessness, or intentional wrongdoing. In legal terms, wrongful death occurs when a party’s actions result in the death of another person, leading to financial, emotional, and sometimes physical suffering for the surviving family members.
A
wrongful death lawsuit can be filed by the surviving family members or representatives of the deceased person’s estate. The claim allows the family to seek compensation for the losses they have suffered due to the death of their loved one.
Types of Wrongful Death Claims
Wrongful death claims can arise from a wide variety of situations. Some cases are more straightforward. Meanwhile, others are more complex. Let’s look at the different types of wrongful death claims:
Car Accident Wrongful Death Claims
One of the most common types of wrongful death claims is related to
car accidents. When someone dies in a car crash caused by the negligence of another driver, the family can pursue a wrongful death claim. The death may result from distracted driving, driving under the influence of alcohol or drugs, reckless driving, or any other type of driver negligence.
If the driver responsible for the accident was at fault, the victim’s family could file a wrongful death claim against the driver’s insurance company or directly against the driver if the insurance coverage is insufficient. Tate Accident Law has experience in handling wrongful death claims arising from car accidents, and we understand how to approach these cases to get the compensation you deserve.
Medical Malpractice Wrongful Death Claims
Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard level of care, resulting in injury or death. When medical negligence leads to the death of a patient, surviving family members may file a wrongful death claim against the medical professional or facility involved.
Common examples of medical malpractice that can lead to wrongful death include surgical errors, misdiagnosis, medication errors, birth injuries, or failure to monitor a patient’s condition properly.
Workplace Accident Wrongful Death Claims
Workplace accidents are another leading cause of wrongful death claims. When a worker dies as a result of a workplace injury, the surviving family members may file a wrongful death lawsuit.
In some cases, workers’ compensation may cover the death benefits. However, a wrongful death claim may be necessary if a third party’s negligence contributed to the accident.
For example, if an employer’s unsafe practices, faulty equipment, or lack of safety measures led to the death, the family may have a case against the employer. Similarly, if a third-party contractor or manufacturer’s negligence was involved, the family could file a wrongful death claim against that party.
Premises Liability Wrongful Death Claims
Premises liability refers to the responsibility property owners have to maintain safe conditions for visitors. If a property owner’s negligence leads to hazardous conditions on their property, and that hazard causes someone’s death, a wrongful death claim can be filed.
Examples of premises liability that can result in wrongful death include slip and fall accidents, falling objects, inadequate security leading to assault, or dangerous construction zones. If you have lost a loved one due to dangerous conditions on someone else’s property, you may be able to pursue a wrongful death claim for compensation.
Product Liability Wrongful Death Claims
In some cases, a defective product can cause death. When a product is poorly designed, manufactured, or lacks adequate warnings, it can result in fatal accidents. If your loved one dies due to a dangerous or defective product, you may have grounds for a product liability wrongful death claim.
These types of claims often involve products such as cars, household appliances, medications, or industrial equipment. Manufacturers, distributors, and retailers can be held accountable for their negligence in creating or selling dangerous products.
Criminal Wrongful Death Claims
If a person is murdered or killed due to criminal activity, the surviving family members may have the option to file a wrongful death claim against the perpetrator, in addition to the criminal charges brought against them by the state. In some cases, a wrongful death lawsuit can be filed even if the responsible party is acquitted or not convicted of a crime.
Although the state may prosecute a criminal case, a civil wrongful death claim can help surviving family members seek compensation for their loss. This includes compensation for medical expenses, funeral costs, pain and suffering, and loss of financial support.
Drowning Wrongful Death Claims
Drowning is another tragic cause of wrongful death, particularly in cases involving swimming pools, lakes, or other bodies of water. A drowning death may occur due to negligence, such as inadequate supervision, poorly maintained facilities, or lack of safety measures (like proper fencing around a pool).
Drowning accidents may involve property owners, lifeguards, or even cruise lines in cases involving commercial waterways. When a loved one has lost their life due to drowning caused by negligence, a lawyer can help evaluate whether you have grounds to pursue a wrongful death claim.
Bicycle and Pedestrian Wrongful Death Claims
Bicycle and pedestrian accidents, especially those involving motor vehicles, can result in fatal injuries. When a negligent driver causes the death of a pedestrian or cyclist, the surviving family members may file a wrongful death claim against the driver.
These claims often involve issues such as distracted driving, running red lights, speeding, or failing to yield to pedestrians or cyclists. If your loved one was killed in such an accident, an attorney can assist you in seeking the compensation you deserve.
Fatal Hit-and-Run Accidents
Hit-and-run accidents are those where the driver responsible for the accident flees the scene. In these cases, the victim may die from the injuries caused by the accident. While it may seem like a hopeless situation, the victim’s family may still be able to file a wrongful death claim against their own insurance company, particularly if they have uninsured or underinsured motorist coverage.
It is important to contact an experienced attorney like our team if you are dealing with a hit-and-run wrongful death case. We can help you track down the responsible driver or work with your insurance provider to make sure you receive compensation.
How Tate Accident Law Can Help
Dealing with the wrongful death of a loved one is difficult, both emotionally and financially. At
Tate Accident Law, we are committed to helping families get the compensation they deserve. Our team has over 30 years of experience handling wrongful death claims. We are here to guide you through the process with compassion and understanding.
We offer free case reviews 24/7 and operate on a no-win, no-fee basis. This means you do not pay anything unless we win your case. We will work tirelessly to gather the necessary evidence, hold responsible parties accountable, and make sure you receive fair compensation for your loss.
Wrongful death claims can arise from a variety of situations, each involving its own set of circumstances and legal challenges. Whether the cause is a car accident, medical malpractice, or a product defect, understanding the different types of wrongful death claims can help you make informed decisions.
If you have lost a loved one due to someone else’s negligence or intentional actions,
contact Tate Accident Law today.
