Losing a loved one is always heartbreaking and can be a terrible shock when it occurs unexpectedly. Finding out that a family member passed away due to the negligent or reckless actions of another individual or business can feel devastating and unfair. We understand that no amount of compensation can ever make up for the passing of your loved one. However, a wrongful death attorney can assist you with getting justice and compensation that could help your family deal with any medical expenses and other end-of-life costs you may now be facing.
If your loved passed away as a result of another’s negligence, we can work with you to receive justice. Contact one of our experienced wrongful death attorneys today at (651) 259-1113 for a free consultation with one of our compassionate and dedicated team members.
What Is a Wrongful Death Claim?
According to the Centers for Disease Control and Prevention (CDC), 169,936 people died due to unintentional injuries in the U.S. in 2017 alone. Accidents can happen while driving, at work, or simply when visiting a business or property. While not all deaths from accidents automatically qualify for a wrongful death lawsuit, there are many potential reasons why a negligent party could be responsible for a death.
Wrongful death claims are typically initiated by the close relatives of a deceased individual. If a person passes away due to the negligence or deliberately wrongful act of another, family members of the deceased generally have the legal right to file a wrongful death lawsuit and pursue compensation. Wrongful death claims are essentially personal injury lawsuits where the plaintiff has passed away due to their injuries. Close relatives who depended on the income or benefits of the decedent can then act as plaintiffs and fight for their due in court.
In order to establish that a claim exists, a wrongful death attorney must prove the following:
- The negligent party had a duty of care to the decedent to act in a safe and reasonable manner
- Their deliberate act or negligence breached that duty
- Their wrongful act directly caused the injury or death of the deceased
- There are actual damages resulting from the wrongful act.
If you are unsure whether your loved one died due to the negligence of another, contact an experienced wrongful death attorney at Tyroler Injury Law to help you determine if you have the right to pursue a claim to receive compensation.
Examples of Wrongful Death Claims
There can be many instances leading to family having a legal right to file a wrongful death claim. In fact, any type of accident where a person or entity negligently or deliberately caused the death of another could qualify as a wrongful death lawsuit. Examples of common wrongful death claims include;
Medical malpractice is perhaps one of the common causes of wrongful deaths. Johns Hopkins University figures show that more than 250,000 people die every year from medical errors. If a medical professional did not adhere to an appropriate standard of care and a patient passes away, they could potentially be held responsible for their patient’s death. Medical malpractice can include surgery mistakes, prescribing the wrong medication, misdiagnosis, and other types of medical errors.
Motor Vehicle or Trucking Accidents
When an individual dies in a car or trucking accident due to the negligence of another driver, the family could potentially file a wrongful death lawsuit. Negligent actions can include aggressive driving, driving impaired, failing to follow the rules of the road, or speeding excessively.
Intentional Violence or Murder
If someone injured your loved one with the intent to harm or kill, you could have not only a criminal claim but a civil wrongful death claim as well. These types of cases are often legally complex and challenging to pursue, however, families deserve to receive justice after their loved one unexpectedly died as a result of another person’s actions.
Slip and Fall Accidents
A serious fall can cause fatal injuries. If a property owner failed to remove a dangerous or hazardous condition in a timely manner, and this condition caused your loved one’s fall or injuries leading to death, you could potentially have a strong wrongful death claim. Examples of dangerous conditions can include missing steps, non-existent or poor lighting, broken flooring, and loose carpeting.
Some industries, such as construction and manufacturing, tend to be more dangerous than others. However, accidents can happen anywhere, including in offices, restaurants, and retail stores. If your loved one died in a work accident, you could potentially have a wrongful death claim. While you may be able to claim benefits from workers’ compensation, in some instances you could sue a third party or an uninsured employer. A wrongful death attorney can help you clarify your legal rights concerning work accidents.
Defective Product Claims
Occasionally, someone gets hurt and passes away due to a defective product or medication. In this case, plaintiffs could hold a company responsible for their financial losses under product liability law. Defective product claims can cover all types of dangerous products including electrical appliances, car parts, children’s toys, and many others.
Aviation and Boating Accidents
Boating and aviation accidents can happen due to the negligence of a company, the person operating the plane or boat, and third parties such as maintenance mechanics. If your family member passed away due to the negligence of an owner or operator, or a defect on the plane or boat, you could have a wrongful death case.
Contact an Experienced Wrongful Death Attorney at Tyroler Injury Law
First, we want to offer our most heartfelt condolences, if your loved one died as a result of someone else’s negligence. If you have mounting medical bills and other expenses due to the wrongful death of your loved one, we can help. You do not have to struggle with filing a claim to receive compensation while working through your grief. An experienced wrongful death lawyer at Tyroler Injury Law at (651) 259-1113 can help you receive the justice and compensation your family deserves.