Although losing a loved one is always extremely traumatic, it can be much more tragic when the death is caused by the carelessness or deliberate misbehavior of another person. Wrongful death claims allow surviving family members to pursue justice and monetary restitution for their loss. Numerous situations, including auto accidents, medical malpractice, workplace accidents, and more, may give rise to these claims.
Those who want to hold negligent parties accountable must be aware of the various kinds of wrongful death claims. Working with an experienced Orange County death lawyer can assist you in navigating the legal difficulties of situations when a loved one has passed away due to negligence or criminal activity.
To provide the bereaved family with compensation, we shall examine six typical forms of wrongful death claims in this article, explaining their legal foundations.
1. Automobile Mishaps
The Texas Department of Transportation (TxDOT) reports that throughout 2020, a traffic accident claimed a life every two hours and fifteen minutes. That year, there were 3,896 deaths on Texas roads. Compared to the prior year, this was a notable gain.
According to the National Highway Traffic Safety Administration (NHTSA), there were 37,461 auto accident-related deaths on American roads in 2016. The Insurance Institute of Highway Safety reports that 3,174 drivers lost their lives in Florida car accidents in 2016.
One or more drivers' carelessness is the cause of numerous deadly auto accidents, including:
- Driving while distracted
- Going too fast
- Driving while fatigued
- Driving under the influence
- Roadway problems
Any form of traffic collision can result in severe injury or death.
Because they are not as protected in a collision as drivers are, pedestrians, bicyclists, and motorcyclists are more likely to be killed in auto accidents.
According to NHTSA estimates, the following number of motorcyclists, cyclists, and pedestrians perished in an accident:
6,218 motorcycle riders
There were 7522 pedestrians and 1105 cyclists.
Pedestrians, motorcyclists, and cyclists were frequently killed in motorist-caused accidents. Having an experienced Orange County Wrongful Death Lawyer can help you save yourself from erroneous charges.
2. Truck Mishaps
In 2020, commercial motor vehicle collisions resulted in 581 deaths. The government reported 1,245 "suspected serious injuries" in addition to this. The occupants of neighboring passenger cars are at a heightened risk of suffering severe injuries in truck crashes due to their size and weight.
Because of the size and operations of a commercial trucking company, an attorney will frequently look at several factors to ascertain how the accident happened. This may consist of:
- Larger loads
- Loads that are not appropriately secured
- Mechanical malfunctions
- Poor upkeep
- Error in the driver
- Operating a vehicle while under the influence of alcohol or drugs
3. Premises Liability
Accidents involving premises responsibility happen when a victim is on the property of another party and is hurt due to an avoidable risk. One common example is falls. Real estate owners must take reasonable care of their patrons, shoppers, guests, and other visitors. They might be held legally liable if they permit a hazard to exist and someone gets hurt.
Here are some instances of premises liability situations that have the potential to be fatal:
- Falls and slips
- Fall and trip
- Drops from a height
- Deck and balcony collapses
- Dog bites
- Accidents at the pool
- Fires
- Electrocutions
- Liability for Products
Serious injury or even death may result from a company's product malfunctioning due to a flaw or other severe condition. This is particularly valid for specific product categories, such as:
- Drugs
- Medical equipment
- Automobile parts
- Toys, Tools, and Tires
These cases occasionally lend support to mass torts, in which the relatives of the victims band together to seek redress through multidistrict litigation or a class action.
Some occupations have a higher risk of workplace accidents that result in death because of the hazardous nature of the activity. Nevertheless, any workplace where workers must do hazardous tasks has the potential to have a deadly work-related accident.
The Occupational Health and Safety Administration (OSHA) reported 4,639 work-related deaths in the United States.
4. Malpractice in Medicine
Negligence by a physician or other healthcare professional can seriously impact a patient's health. It could be fatal to not provide the finest evaluation and care for a patient while failing to maintain the required level of care. You might want to speak with a lawyer who can assess your legal options if medical malpractice causes the death of a loved one.
Here are a few such instances of deadly medical mistakes:
- Misdiagnosis
- Inaccurate or delayed treatment
- birth harm
- Informed consent was lacking.
- Errors in surgery
- Errors in pharmaceuticals
- Inaccurate pharmaceuticals or medical equipment
5. Deliberate Actions
Purposeful conduct may also justify a civil lawsuit, even though the negligence of the at-fault party causes the majority of personal injury and wrongful death cases. These most frequently happen as a result of a crime; for instance, a stabbing, shooting, assault, or other attack might result in serious injuries or death.
Even while a criminal court will decide the punishments for the offender, it doesn't financially aid the victim's family. A civil case against them will, though.
A wrongful death lawsuit gives families the money to settle unpaid debts, support themselves, and more. Remember that you can obtain these damages whether or not you have a criminal conviction.
In the end!
Families have the chance to pursue justice and monetary compensation for the loss of a loved one through wrongful death claims. Each of the six categories of wrongful death claims addresses a distinct set of circumstances, ranging from carelessness to deliberate injury. Surviving family members can seek just recompense and make sure their rights are upheld with the help of an Orange County death lawyer. By providing both legal knowledge and emotional support during a trying time, legal representation can help make the complicated process easier to handle.
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