Wrongful death claims are often filed due to defective products. Whether they’re defective in design or construction, they fail to work as intended. Sometimes companies cut corners on quality of manufacturing, safety regulations, or testing. A case in point is the death of three toddlers who were crushed by dressers by IKEA. After the case, IKEA recalled the dressers and took measures to avoid them tipping over.
Sadly, automobile accidents are the most common type of wrongful death lawsuit. According to the National Highway Traffic Safety Administration, automobile accidents cause more than 300,000 fatalities each year. Automobile crashes may be the fault of a negligent driver or auto manufacturer. No matter the cause, the company responsible should be held accountable for the accident. Listed below are some types of wrongful death cases. For more information, contact us today.
A civil wrongful death lawsuit can be filed by the family of the deceased person. Even if the at-fault party has not been convicted of criminal charges, the victim’s family can seek compensation. Wrongful death lawsuits typically seek compensation for both economic and non-economic losses. The damages awarded can include reasonable burial costs, medical bills, and care prior to death, as well as the loss of inheritance rights and consortium. Punitive damages are also available.
While the wrongful death case can be complex, it can be made easier if the victims of such cases can find a qualified attorney. For example, attorneys will review a commercial trucking operation to identify the responsible parties for a wrongful death case. Similarly, pedestrians, bicyclists, and cyclists don’t have the same protection as motorists. These victims may be particularly vulnerable to accident-related injury.
Wrongful death cases are generally made by families of a deceased person due to the negligence or intentional misconduct of someone else. Sometimes the deceased had used a product that was defective at the time of manufacture. This negligence or omission can cause the death. The family of a wrongful death case may also seek monetary damages for their loss of financial support. In some cases, these claims may be filed by the survivors of the deceased.
The legal basis for a wrongful death claim can vary from state to state. In most states, a wrongful death action must be filed by the survivors, otherwise known as real parties in interest. Real parties in interest vary between states, but in most cases, surviving spouses, children, and adopted children are real parties in interest. Other real parties in interest may include the unmarried person’s parents or putative spouse, life partners, and unrelated financial dependents. Lastly, some states recognize unrelated individuals and those who suffer financial losses.
One of the most common wrongful death claims is caused by medical malpractice. This occurs when a patient has been misdiagnosed, or when medical professionals make a mistake during treatment. For example, Lilia Torres died during childbirth after massive bleeding. The family filed a wrongful death lawsuit against the doctors who failed to properly monitor her condition. While the hospital was liable for the death, the nursing staff may have been negligent in their care.
The target of a wrongful death lawsuit is dependent on the specific case and its complexity. An attorney may conduct an investigation to determine whether the claim is worth filing. They will interview witnesses and collect supporting documents to support the lawsuit. Often, a wrongful death lawsuit is filed by a close relative of the deceased. It is important to note that a wrongful death lawsuit is not a rebuke of the victim’s life.
In Florida, a wrongful death claim can be filed within two years of the accident. Some states start the statute of limitations at the date the harm was discovered. It is important to know the statute of limitations for filing a wrongful death lawsuit. Your lawyer will know how to counter such claims in court. In order to prove a wrongful death claim, your attorney must demonstrate that the defendant breached a duty of care to keep the deceased safe. This can be as simple as proving that the driver was drunk while operating the vehicle or as complex as proving that the car had a defective design.
When filing a wrongful death case, an attorney must file the appropriate documents with the court. These documents are known as a complaint or a petition. They notify the defendant of your claim, the legal grounds for the suit, and where the lawsuit will be heard. In addition, your attorney must provide all relevant documents to all defendants. The court may enforce the proper ways of providing information to defendants.