The most serious types of personal injury cases are those that result in the death of a person. Wrongful death cases arise out of many different types of accidents. Here are some common types of wrongful death cases.
Medical Malpractice
Medical or surgical errors, misdiagnoses, birth injuries and incorrect prescriptions can have serious consequences. Medical errors are the third highest leading cause of non-violent deaths in the United States. It can be difficult to prove malpractice because no one likes to admit that they made a mistake. An experienced attorney can help you with experts to prove your case.
Vehicle Accidents
Motorcycle accidents, DUIs or truck accidents can be serious cases in which someone dies. When you have major property damage or serious injuries, it can be beneficial to get an attorney on your side to protect your rights and make sure that you’re going through the process effectively. Although you can settle the case on your own, you do want to make sure that you’re getting the maximum settlement to cover all of your losses. State laws determine how fault is assigned. It can be difficult to prove that your loved one was not responsible.
Product Liability
Another common cause of wrongful deaths occurs when products fail to work correctly. Manufacturers, suppliers and retailers can all be liable when a defective product leads to the death of a loved one. Many product liability cases are only injuries, but when a death occurs, it’s a much more serious case.
What Must Be Proven in a Wrongful Death Claim?
To hold a person liable for the death of someone, the person bringing the lawsuit must be able to show that the defendant owed the victim a duty of care. Then, you must demonstrate that the defendant breached that duty, which caused death. Finally, you must also show that the death caused you to experience damages.
Wrongful death cases are very similar to personal injury cases, except the victim didn’t survive. The plaintiff of a wrongful death claim is usually a personal representative of the decedent’s estate. The plaintiff can be a surviving spouse, dependent child or parent of the deceased. In most cases, the plaintiff must show financial dependence on the deceased. Some states now allow romantic partners to bring a wrongful death claim. Distant relatives may have a harder time getting a legal remedy through a wrongful death case.
Wrongful death claims are very complex. It’s important to talk to an experienced lawyer, like a Wrongful Death Lawyer Minneapolis, MN, who can help you through the process and protect your rights.
Thank you to the experts at JOHNSTON | MARTINEAU PLLP, for their insight into wrongful death and the law.