Every year, families across the United States face the loss of a loved one due to preventable accidents, recklessness, or misconduct. Whether it’s the result of a car crash, a surgical error, or a defective product, wrongful death can occur in many ways. Understanding the most common causes of wrongful death claims helps families recognize when legal action may be appropriate and necessary.
Leading Causes of Wrongful Death
Wrongful death occurs when someone dies as a result of the negligent, reckless, or intentional actions of another person, or a defective product. Some of the specific causes that most frequently result in wrongful death claims include Motor Vehicle Accidents, Medical Malpractice, Defective Products, Premises Liability, Workplace Accidents, and Criminal Acts.
Motor Vehicle Accidents
Motor vehicle accidents remain a leading cause of wrongful death in the United States. Many times, this is due to the negligence of another driver or a faulty vehicle. These accidents include car accidents, truck accidents, motorcycle crashes, and pedestrian fatalities.
Excessive speed, distracted driving, and driving under the influence are among the top contributing factors that result in wrongful death. Accidents like these often leave surviving family members with not only emotional suffering, but with financial burdens like lost income as well. An experienced wrongful death attorney will investigate every aspect of a motor vehicle death case to determine who should be held accountable.
Medical Malpractice
Medical malpractice is another leading cause of wrongful death. When a medical professional fails to uphold the standard of care and a patient dies as a result, the family may be entitled to a wrongful death claim.
Common forms of medical negligence that can result in a wrongful death include surgical errors, misdiagnosis, failure to diagnose a fatal condition, or administering incorrect medication. If a patient’s death was caused by a doctor’s inattention or the hospital’s poor protocols, the survivors may have grounds for a wrongful death lawsuit.
Defective Products
Product liability is another area where wrongful death can occur. When a product is defective and causes someone’s death, the manufacturer, distributor, or retailer may be held legally responsible.
Defective products may include faulty car parts, unsafe medical devices, or contaminated food and drugs. If a defective airbag fails to deploy in a crash or a child’s toy that poses a choking hazard leads to a fatality, that is wrongful death and a serious legal matter.
Premises Liability
Premises liability refers to the legal responsibility of a property owner to maintain safe conditions. When unsafe property conditions cause a fatal accident, such as a structural collapse, the owner may be liable.
Workplace Accidents
Workplace accidents are another frequent cause of wrongful death. Industries like construction, manufacturing, and transportation carry especially high risks of fatal injuries due to the nature of the work and equipment involved.
In many types of wrongful death cases involving the workplace, persons other than the employer may be liable. This could include owners and contractors responsible for faulty equipment, lack of protective gear, or unsafe work environments. For example, if a scaffold collapses at a job site and a worker dies, a wrongful death suit may follow.
Though fatal workplace injuries are usually covered by workers’ compensation, certain cases may warrant a separate wrongful death lawsuit if a third party was involved.
Filing a Wrongful Death Lawsuit
Filing a wrongful death lawsuit can be a complex legal process. In New York, only specific family members, typically the spouse, children, or parents can file a wrongful death claim. The lawsuit must be filed within a certain timeframe, known as the statute of limitations.
The legal claim allows families to recover damages such as lost income, funeral costs, and loss of companionship. When dealing with various deadlines, it’s best to consult a firm that specializes in wrongful death cases to ensure that all aspects of complex scenarios are evaluated.
Compensation in Wrongful Death Cases
Compensation in a wrongful death lawsuit can vary depending on the specifics of the case. Most families can pursue economic and non-economic damages including:
- Funeral and burial expenses
- Loss of financial support and income
- Loss of service
- Loss of voluntary assistance
- Loss of inheritance
In some cases, involving gross negligence, recklessness, or willful misconduct, punitive damages may also be awarded to punish the wrongdoer and prevent similar tragedies.
Wrongful Death Cases in New York
Losing a loved one is never easy, but you don’t have to navigate the aftermath alone. Whether your loved one’s death was caused by a reckless driver, a defective product, an unsafe workplace, or medical negligence, you may be entitled to file a wrongful death lawsuit and recover damages. KDLM’s experienced wrongful death attorneys in New York are here to help you bring a wrongful death claim and seek justice. Contact our law firm today for a free consultation.