The unanticipated death of a loved one may result in a wrongful death lawsuit being filed by the surviving family. Wrongful death accidents may be handled in criminal and civil court. While it can be challenging to successfully prove that someone is responsible for the death of another, it is not impossible. The most important element of every wrongful death lawsuit is how much evidence is available and can be used to show that the defendant caused the victim’s death through negligence or recklessness. 

The culprit of the wrongful death may have been from a breach of duty of care or failing to act with reasonable care. As a wrongful death lawyer surviving family members trust at Hayhurst Law, PLLC explains, here are a few of the leading causes for wrongful death. 

#1 Motor Vehicle Collisions

Every year thousands upon thousands of lives are taken because of motor vehicle accidents. These collisions can entail passenger cars, trucks, buses, trains, motorhomes, motorcycles, and more. Drivers and passengers of these vehicles may be left with serious injury, medical bills that need to be paid for, and other losses. Car accidents usually happen because of road defects, speeding, distracted driving, drunk driving, auto part defects, road construction and repair, or reckless driving.

#2 Medical Malpractice

Most doctors and nurses are good at what they do, and do not commit errors that seriously harm their patients. However, medical professionals are still human and thus capable of making mistakes. When doctors or nurses fail to abide by procedures, cut corners, or commit oversights, people can get seriously injured or killed. Examples of medical malpractice incidents include surgical errors, defective medical devices, pharmaceutical mistakes, improper or delayed treatment, birth injury, wrong diagnosis, and more.

#3 Defective Products

Manufacturers must work hard to make sure their products are safe for sale and use. When they fail to generate safe products, manufacturers can be held liable for any injuries and death that ensues. Issues related to pharmaceuticals, dangerous children’s toys or products, toxic containers and food items, and defective vehicle parts may warrant taking legal action if someone was injured or lost their life because the product was unsafe. A primary factor for defective product wrongful death cases is whether the consumer who purchased the item had used it properly and as instructed when it malfunctioned. 

#4 Workplace Accidents

It is the responsibility of employers to keep their workers reasonably safe while on the job or performing their duties when traveling. Workplace wrongful death claims may be filed as the result of manufacturing accidents, strain and repetitive motion injuries, asbestos exposure, mesothelioma diagnosis, railwork worker injuries, towboat and barge accidents, or transportation industry accidents. In most circumstances, the surviving family will be entitled to restitution death benefits through their state workers compensation system. However, in some instances, the family may be able to sue the company directly for negligence.