Wrongful Death
There is virtually no end to the list of possible circumstances in which a family member can claim a wrongful death lawsuit in the loss of a loved one. Any negligent, irresponsible, reckless or intentional act that leads to the death of a person can be classified as wrongful death.
Medical Malpractice
An estimated 225,000 people die every year as a result of <a rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.njmedlaw.com/what.html>medical malpractice</a>. When medical professionals as well as medical facilities fail to provide patients with the proper <a rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.njmedlaw.com/whatFAQ.html>standard of care</a> that is expected and required, those entities can be held liable for wrongful death suits. Examples of medical malpractice leading to wrongful death include:
• Failure to diagnose conditions or diseases
• Improper or negligent treatment, such as surgical errors
• Lack of attention
• Medication errors
Automobile and Airplane Accidents
Motor vehicle accidents can result in wrongful death when the negligent driver of the vehicle was driving recklessly with or without the impairment of alcohol or drugs. Even if the accident is not the fault of another individual, wrongful death can be found if the victim’s vehicle was defective.
Surviving victims of fatal airplane crashes often have the right to sue for wrongful death. The February 2009 plane crash in Buffalo, New York, which killed 50 people, had one wrongful death suit filed against Continental Airlines by March 2009 with others certain to follow.
Product Liability
When companies allow defective and potentially dangerous products to be sold to consumers, deaths resulting from their use can lead to wrongful death suits. Besides automotive defects mentioned earlier, other examples of product liability include defective:
• Mechanical equipment
• Baby devices or toys
• Safety equipment
• Medical devices
• Medication
• Tools
• Toxic materials
Supervised Activities
There have been wrongful death cases for families of victims who died during activities which were being supervised by other individuals. For example, families of high school and college athletes who die during organized training sessions or games have successfully sued and won wrongful death cases against the individuals and organizations responsible for their safety. These responsible individuals are entrusted to provide the proper medical and common-sense precautions to keep their trustees safe.
Occupational Hazards
Most people generally do not feel unsafe in their work environments. However, there are cases of wrongful death as a direct result of workplace inadequacies. Examples include death from:
• Asbestos exposure (mesothelioma)
• Slips and falls
• Hazardous chemicals or other materials
• Dangerous machinery
• Unsafe equipment
• Equipment failure
• Safety rules violations
• Lack of protective equipment or gear
Criminal Behavior
This category is straight-forward. Anyone who commits an intentional or unintentional criminal act that leads to the death of another individual can be sued for wrongful death. These cases are tried separately from criminal cases.