Understanding Different Types Of Wrongful Death Claims.docx
The loss of a loved one is always painful. When that loss is caused by the careless or intentional actions of another, the pain is mixed with a search for answers and accountability. The law offers a path for families to seek justice through a wrongful death claim.
However, these legal actions are not all the same. The specific circumstances of the loss define the type of claim and how it must be approached. Understanding the common types of wrongful death claims can help families recognize their legal rights and the importance of a thorough investigation.
At Freeman Injury Law, we have experience handling the unique challenges presented by different wrongful death scenarios. We know that a case arising from a medical mistake requires a different approach than one from a workplace accident.
Wrongful Death in Motor Vehicle Collisions
Traffic accidents are a leading cause of fatal injuries. These cases can involve more than just two cars. They often include commercial trucks, motorcycles, pedestrians, and bicyclists. The sheer force involved in these collisions often leads to catastrophic injuries.
These claims focus on proving that a driver failed to act with reasonable care. This can mean speeding, driving distracted, violating traffic laws, or operating a vehicle while impaired. The investigation often involves accident reconstruction experts and data from the vehicles themselves. For families dealing with such a loss, consulting with a dedicated car accidents lawyer who understands these complexities is an important first step.
Commercial truck accidents, in particular, introduce additional layers. They require examining driver logbooks for hours-of-service violations, assessing truck maintenance records, and potentially holding the trucking company accountable for negligent hiring practices.
Fatalities Caused by Medical Malpractice
When a trusted medical professional causes a patient’s death through a preventable error, it may form the basis of a medical malpractice wrongful death claim. These cases are among the most complex. They can involve surgical mistakes, misdiagnosis of a serious condition, medication errors, or birth injuries.
These claims require a very specific initial investigation. Florida law mandates that before a lawsuit is even filed, the case must be reviewed by a medical expert who agrees that the standard of care was violated. This process is designed to filter out non-meritorious claims, but it also adds a significant layer of complexity to an already difficult situation.
For instance, a misdiagnosis case hinges on proving that a competent doctor, presented with the same symptoms, would have made the correct diagnosis in time to prevent the patient’s death. This often involves a “battle of the experts,” where each side presents medical professionals to support their position.
Workplace and Occupational Illness Claims
Fatal workplace incidents often fall into two categories. The first is a sudden, traumatic accident, such as a fall from a height, an equipment malfunction, or a drowning. The second is a long-term occupational illness, like a cancer developed from prolonged exposure to toxic chemicals.
While workers’ compensation is typically the exclusive remedy for workplace deaths, there are exceptions. If a third party – meaning someone other than the employer – is responsible, a wrongful death lawsuit can be filed. For example, if a defective piece of machinery caused a fatal accident, the manufacturer could be held liable. Exploring all avenues for recovery is a key part of our legal strategy for families.
In cases of occupational illness, the challenge is linking the illness directly to the workplace environment. This requires detailed evidence of exposure levels and expert medical testimony to confirm the connection. Large corporations often vigorously fight these cases.
Incidents on Another’s Property
Property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, and it results in a fatal injury, the family may have a premises liability claim. This is one of the most common types of wrongful death claims.
A classic example is a slip and fall on a wet floor with no warning sign. Other situations include inadequate security leading to a fatal assault, drowning in a poorly maintained pool, or an injury from collapsing stairs or a broken handrail. These cases hinge on proving the property owner knew or should have known about the dangerous condition and failed to fix it.
These claims can apply to private homes, retail stores, hotels, and public spaces. The key is establishing that the victim was legally allowed to be on the property and that the owner’s negligence created the hazardous situation that led to the death.
Fatalities from Defective Products
When a dangerous or poorly designed product causes a death, the manufacturer, distributor, and retailer can be held accountable under product liability law. These cases are not about carelessness, but about holding powerful companies responsible for putting a defective item into the stream of commerce.
The defect can be in the design, the manufacturing, or the marketing (such as inadequate safety warnings). Cases can involve faulty vehicles, dangerous pharmaceuticals, defective medical devices, or malfunctioning children’s products. These lawsuits often involve complex evidence and require testimony from engineering and design experts to prove the product was unreasonably dangerous.
Product liability cases are often pursued as class actions if the defective product has caused widespread harm. However, a wrongful death claim can also be filed individually by a family. These cases send a strong message to corporations about the importance of consumer safety.
Seeking Justice for Vulnerable Adults
The neglect or abuse of a resident in a nursing home or assisted living facility that leads to their death is a profound tragedy. These cases can involve bedsores leading to fatal infection, malnutrition, dehydration, medication errors, or preventable falls.
These claims are emotionally charged and require a meticulous review of medical charts and facility records. They often reveal a pattern of understaffing or negligent care. Pursuing these cases not only seeks compensation for the family but also forces the facility to improve its practices, potentially protecting other vulnerable residents.
Families place immense trust in these facilities, and a breach of that trust with fatal consequences demands accountability. The law offers a way to seek that accountability when a loved one’s life is cut short by substandard care.
The Common Thread in All Wrongful Death Claims
While the types of wrongful death are varied, they share a common legal foundation. Each requires proving that a party had a duty of care, breached that duty, and directly caused a death that resulted in damages to the family. The nature of the duty and the evidence needed to prove the breach change from case to case.
This is the reason the initial consultation with a knowledgeable wrongful death lawyer is so important. We look at the specific facts of your situation to identify the precise legal theories and strategies that will be most effective. At Freeman Injury Law, we are committed to investigating the unique facts of each case to build the strongest possible claim for the families we represent. Our goal is to handle the complex legal burdens so you can focus on healing, knowing your case is in dedicated hands.