Negligence Causes Wrongful Death
Wrongful death is a legal term that applies when a person dies as a result of the negligence of another. We have all, unfortunately, heard about such tragic stories. A wrongful death could occur in all sorts of ways, but this article will take a look at four of the most common scenarios that could lead to a wrongful death claim: automobile accidents, defective products (products liability), medical malpractice, and premises liability.
Automobile Accidents
Automobile accidents are one of the most common causes of wrongful death claims. This includes cases where a motor vehicle collides with a motorcycle, bicyclist, or pedestrian. According to statistics stated by the Insurance Institute for Highway Safety (IIHS), there were 3,563 motor vehicle fatalities in the state of California in 2018. Sadly, the majority of those deaths could have been prevented if the involved drivers had paid more attention. Many of those deaths involved intoxicated drivers.
Defective or Dangerous Consumer Products
Another frequent cause of wrongful death falls under the legal category known as products liability. Injuries and death can happen when a dangerous or defective product is sold to an unsuspecting consumer. Sometimes the dangerous product was sold without mandated warning labels or proper use instructions. This would make the company liable (legally responsible) for the wrongful death because it failed to warn consumers of the product’s danger.
Examples of defective or dangerous products that have caused consumer deaths include:
- Takata Airbags were recalled due to explosions.
- Some Ford Explorers were found to have an unreasonable risk of rollover.
- IKEA dressers have tipped over onto children.
Medical Malpractice
Physicians can be negligent, and negligence can lead to deadly mistakes. Wrongful deaths have occurred from doctors misdiagnosing a disease or condition or prescribing the wrong medication.
Premises Liability
Property owners can be held responsible if they do not maintain a safe place to visit, live, or work. If a known dangerous condition has been ignored by the owner of a rental unit, for example, and that dangerous condition goes on to cause a person’s death, the owner could be sued for wrongful death by the deceased’s heir(s). Improper maintenance of trees on one’s property has also resulted in tragic deaths when heavy tree limbs or the entire tree has fallen on an innocent bystander.
Hiring an Experienced Wrongful Death Lawyer is Crucial
The spouse and/or children of the deceased may be able to bring a wrongful death claim against the negligent party that caused their loved one’s death. There are many complexities involved in wrongful death cases, as well as legal timelines that must be met in order to preserve legal rights. Additionally, the gathering of crucial evidence needs to occur as soon as possible after the incident. Even though contacting an attorney is not the first thing you may think of while grieving, it is an important step in seeking justice for your lost family member.
Grieving is different for everyone. Watch the following YouTube video on grief.
Ranch Cordova Wrongful Death lawyer
Hello, and thank you for reading. My name is Ed Smith, and I am a wrongful death attorney in Rancho Cordova, California. For nearly 40 years, my staff and I have provided compassionate legal counsel for the loved ones of those killed in wrongful death accidents. If you find yourself in this tragic situation and would like to receive my free and friendly advice, reach out to me at (916) 921-6400 or at (800) 404-5400. My website also has an online contact form.
I am a member of the Million Dollar Advocates, a legal organization for attorneys who have achieved settlements or jury verdicts of at least one million dollars. I am also part of the National Association of Distinguished Counsel, an association recognizing excellence in the practice of law.
For prior client testimonials and a sample of our case results, visit the following links:
Photo Attribution: https://pixabay.com/photos/cementerio-flor-cemetery-death-948048/
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