Wex Definition Team from Cornell Law School defines a Wrongful death lawsuit as the civil cause of action bought by family members and dependents against individuals who knowingly or negligently caused the death of another person.
Wrongful death can be intentional or unintentional. It is necessary to file a wrongful-death case so that the offender pays for their crime and gets a fair trial. It also helps reduce the crime that caused the death of your loved one.
Here are five scenarios where you should file for a wrongful death lawsuit.
Traffic Accidents
According to the CDC, around 1.35 million people get killed on roadways around the globe. Many times, accidents happen due to the negligence of a driver. If you are sure that the other driver’s mistake cost you the life of your loved one, you must file a lawsuit against them.
Traffic accidents are common but not following the traffic instructions is the chief cause of these incidents. In case of survival of family members, they can file a lawsuit to recover lost employment benefits, medical expenses, and lost earnings. You can also make them pay for the pain and suffering of your lost loved one.
Falling On a Wet Surface
If a person dies due to slipping on a wet surface, it can be considered a wrongful death. Especially in the commercial areas, employees are supposed to put wet-surface signs on the sites. If there was no sign on the site, both the employee and the employer are considered guilty of wrongful death.
You will be able to recover your loss from the accused as the cause of the death was the negligence of an employee.
Medical Malpractice
Centers for disease control claim that 440,000 Americans die because of medical errors. It is a large number. If a doctor misdiagnoses the patient and it costs the patient their life. Their loved one can file a medical malpractice lawsuit and sue the doctor and the hospital responsible for their loss.
In simple surgeries where death risks are not as high if a surgeon’s mistake causes the patient’s death, it can also be considered credible for a wrongful death lawsuit. You may be able to recover the medical bills and the pain and suffering of a close family member.
Poisoning
If your dear one dies because of a product, it also comes in the premise of wrongful death. You can sue the company for creating and supplying a poisonous product in the market. It is necessary to file this lawsuit so that others can know about the product and refrain from using it. It also makes the company pay for its faulty production and negligence.
You can also sue a restaurant for serving expired food that caused the death of your loved one.
Physical Attack
An offender will be responsible for wrongful death if their assault causes the demise of your family member. Often, arguments can become heated, and the involved person may try to harm the other in rage. This kind of serious assault can cause the death of a person.
If you have proof of the misconduct, you should file a lawsuit against them to recover the medical expenses, lost job benefits, and pain and suffering caused by the loss.