Types of Wrongful Death Claims
According to a report by the Centers for Disease Control, there are 121,000 unintentional injury deaths in the U.S. annually. Wrongful death is a situation where the death of one person is a result of the wrongful act or neglect of another person. A wrongful death claim seeks to establish the liability of a defendant and demand compensation for money damages. This claim must be filed within a period of two years from the date of the death, otherwise, the deceased’s estate loses the right to pursue a ruling on liability and damages for the death of their loved one.
Here are some types of wrongful death claims;
Wrongful Death Caused by Medical Malpractice
Examples of acts of medical malpractice that result in death include missed diagnosis, hospital infections, and surgical errors. Medical malpractice is one of the biggest causes of wrongful death in the U.S. Some of the factors that contribute to medical malpractice include understaffed hospitals and fatigued doctors.
While a medical care institute can be held responsible when a death occurs on its premises, most wrongful deaths occur at the hands of a nurse or doctor.
Work-Related Wrongful Death
This is one of the least common forms of wrongful death accidents. Since worker’s compensation may not be enough to cater for the surviving family members’ living costs, Tom Blackburn can file a wrongful death claim to help your family maintain their former lifestyle in the absence of a deceased loved one.
Some of the most common causes of wrongful deaths at work include:
- Construction accidents: Construction sites are one of the most dangerous working environments. When you take into account the heavy equipment and machines, constant noise, high scaffolding and often falling objects, you can understand why there is a high rate of work-related deaths on these sites.
- Slip and fall accidents: These accidents are common in environments with chemical spills. Slip and fall accidents can cause brain injuries and sometimes even sudden death.
- Factory accidents: There are many dangerous machines used in factories that can cause workplace deaths. Machinery like conveyors pose a great hazard if not guarded, maintained, or used properly.
- Car/Truck accidents: Whether one is driving a company car or transporting goods in a truck, a car/truck accident, where one driver’s negligence caused the death of another, a work-related wrongful death claim can be pursued to compensate for injuries and damages.
Personal Injury Wrongful Death
A personal injury-wrongful death refers to any death arising from the negligence or fault of another party. Typical examples of personal injury wrongful deaths include:
- Death caused by a defective product
- A truck accident
- A drowning accident
- A slip and fall accident
If you have lost a loved one due to the negligence of another person, you can pursue a wrongful death claim. Blackburn & Green’s experienced team of attorneys can guide you through the process of filing a claim. With the help of a lawyer like Tom Blackburn, you will be able to gather vital evidence against the defendant and justify the number of damages you deserve. Some of the damages you can recover include medical bills, funeral and burial expenses, and loss of consortium. If the case is not resolved through a settlement, your lawyer will represent you in court and deliver a strong case on your behalf. We understand these cases are an emotionally difficult time. To get justice for the loss of your loved one, consult Blackburn & Green today for a free case evaluation.
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