A wrongful death suit is a claim that one party caused the death of another, perhaps intentionally or perhaps negligently. After a loved one's death, many people file wrongful death claims. A variety of people can file these wrongful death claims, including children, parents, and spouses.
Do you think you have a wrongful death claim? This guide will help you explore some of the wrongful death claim types you may be considering.
Homicide Wrongful Death Claims
You may have a wrongful death claim if an act was committed intentionally. This means that a family can sue a party for somebody's death, even if he or she was not charged or convicted with a criminal offense. The infamous O.J. Simpson case is one example of such a lawsuit.
Wrongful death claims do not always have to relate to intentional murder. It can also be linked to accidental death. For instance, the wife of a police officer is suing not only the other officer who shot him, but also the bar in which the pair had been drinking. Even though the individual who shot claims the incident is one of self-defense, her claim could be valid in court.
Medical Malpractice Wrongful Death Claims
Medical malpractice is another common wrongful death suit, but these cases come about for many reasons. A doctor may have failed to diagnose a medical concern or performed a procedure incorrectly or negligently.
In these cases, your lawyer must demonstrate that the doctor had an obligation to provide adequate care, yet failed to do so. In order to prove a case like this, you must demonstrate that the doctor breached the duty of care assumed.
Car Accident Wrongful Death Claims
Sadly, car accidents occasionally lead to fatalities. In cases involving negligence behind the wheel, loved ones may file a wrongful death suit. These claims are often made following DUI cases and negligent driving cases.
Some wrongful death claims are not made against drivers but against manufacturers. This is the case in the lawsuit filed by deceased actor Paul Walker's daughter. She has settled a lawsuit with Porsche.
Occupational Hazard Wrongful Death Claims
Occupational hazard wrongful death suits are often brought on by spouses. Construction workers, police officers, and others with physical jobs are often involved in these accidents. This means that the defendant could be a large corporation or employer.
These types of cases are commonly filed when an employer or organization is accused of working against OSHA guidelines. Many companies are aware of safety concerns but fail to do anything about them.
Nursing Home Wrongful Death Claims
Unfortunately, nursing homes are not an uncommon location for wrongful death claims to originate. Many parents sue on behalf of their parents following incidents caused by the nursing home or nursing home staff.
In one case, a man is suing on behalf of his mother after she died following a nursing home fire. Other cases have involved deaths resulting from infections, falls, assaults, and lack of adequate medical care. This type of negligence is not acceptable according to the law.
Filing a Wrongful Death Claim
Wrongful death claims can provide compensation for everything from funeral costs to payment associated with pain and suffering. In some cases, claims can also cover loss of companionship, loss of care, loss of inheritance, and more.
Do you want us to consider your wrongful death suit? We can tell you if you have a case. Make an appointment with Rothstein Law Group to set up a consultation. We are dedicated to protecting your rights or the rights of your loved one in court. You may deserve compensation.