Proving any wrongful death case
In U.S., huge numbers of daily death is recorded as in 2017, there are 7,708 deaths are recorded daily according to Centers for Disease Control and Prevention (CDC). These deaths have various causes which are mainly: heart diseases, every form of cancer, car accidents, any health conditions, or even wrongful death.
Wrongful death is a type of legal action along with medical malpractice and personal injury claim, is a type of claim filed against a person who is proven to be liable of death of a certain someone who's either a victim of medical malpractice or accident. The claim is commonly filed by close relatives or closest to heir of the deceased or according to their statute.
How to prove wrongful death cases?
In Auto Accidents
In auto accident where a victim/s has died in the event of accident or died as a result of an accident due to the at-fault driver's negligent actions or mechanical defect, there are many people to point at for liability depending on proven cause for the occurence of the car accident. If the vehicle was factory defective or has defective aftermarket material that was involved in the recent accident, then the company who manufactured it will likely to take liability, either in percentage or whole, depending on what state the accident occurred. If the at-fault driver was drunk at the event of the accident, then it would be much easier to legally clear the case as the liable person is apparent.
In Medical Malpractice Case
If a doctor or other healthcare provider failed in any way to fulfill the expected standard of care to a patient—including misdiagnoses, surgical mistakes, and wrong prescriptions—you might be able to take action against them in a wrongful death suit.
Anesthesia is another field of medicine where medical malpractice can occur. It’s crucial that a patient gets the right dose of anesthesia during a procedure. A minor misstep could be fatal to a patient. If the anesthesiologist issues a dose that results in death, they could be held liable.
Occupational Harm or Death Case
In a occupational death of someone, there are only few things that could cause the death of someone, it's either faulty materials and equipment, lacking of safety measures, or human error. All of these factors could lead to a charge of wrongful death against the employer or the whole company beside the human error, scaling on the context or narrative of how the worker died while in his job. Human error along with the provision of quality safety materials, would end up as an accident without any charge held against the employer as it is plain fault of the worker that he died, but human error that has contributing factors for the event of death to occur such as the worker were provided none and working under risky situation without any protection that ended up dead, then the employer or company would likely to take all the blame.
Most law firm are careful and vigilant on the work place scene as even though the Occupational Safety and Health Administration (OSHA) has done a great run for combating deaths to occur in workplaces, there are still over 100 fatalities that are occupation-related deaths yearly.
Aside from safety countermeasures and training of employees is adequate, their malicious or fatal product could still get an employer or company receieve a wrongful death claim. It is highly possible that a manufacturer or designer be liable for a product that was built with defective part or defective in general or a consumer use that certain product and proven and has evidently caused the death of the buyer or consumer of the certain product, also as what stated from previous statements.
Property Harm Liability
Leisure parks, amusements parks, and other industry owners are as well susceptible for wrongful death claims, as they are responsible for maintaining a ergonomic, safe, and danger-free place to work, enjoy, or even pass through. Dangerous designs on roads and other form of structure that has caused death can cause the owner to be filed against a wrongful death claim.
Call your Lawyer
Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation.