When someone is killed due to another person’s misconduct or negligence, that’s considered to be a wrongful death. While criminal prosecution might result from the death, a wrongful death lawsuit is technically a civil action. In a civil case, the standard of proof is lower than it would be in a criminal case for manslaughter or murder.
There are a variety of different circumstances that can lead to a wrongful death lawsuit. And while having to deal with such a situation can be extremely distressing, it’s still important to know about the various examples of wrongful death cases so that you can be prepared should you ever lose a loved one.
If you’re interested in learning more, then continue reading and we’ll take you some of the most common examples of wrongful death cases.
1. Car Accidents
Car accidents are one of the most common examples of wrongful death cases. Car accidents are so common that over ninety people die from them every day in the United States.
Most of those car accident deaths are due to at least one person’s negligence. The negligence could be from driving while intoxicated, not paying attention, or speeding. If any of those factors apply, then the negligent driver could be liable for the deaths of anyone else who was involved in the accident.
2. Medical Malpractice
Even though most doctors and nurses are extremely skilled and talented professionals, they’re still human and they can still make mistakes. This can happen when they’re trying to cut corners, miss something, or don’t follow protocol.
Medical malpractice wrongful death suits tend to deal with misdiagnosis of a condition or a failure to diagnose. However, mistakes during surgery are also fairly common examples of wrongful death cases.
It’s also not uncommon to find wrongful death cases at a place like a nursing home
3. Accidents at Work
Jobs that come with high risks, such as construction jobs, tend to have more instances of workplace deaths. A wrongful death can take place whenever an employer puts their employee in a compromising situation, including outside of the workplace.
For example, a person who is forced to work long shifts may become extremely tired and then get into a car crash. This could result in a wrongful death suit being filed against the employer. In that situation a lawyer is necessary. A workplace accident lawyer will determine whether a gross negligence claim can be filed against an employer, or if there is a third party who is liable for the full amount of the victim’s damages.
4. Defective Products
If a person dies due to a product that’s defective, then the product’s manufacturer can be held liable. This is one of the main reasons why manufacturers put so much time and energy into making sure that their products are safe.
Learning From These Examples of Wrongful Death Cases
As we can see, there are a variety of scenarios that can lead to a wrongful death case. But by learning about the different examples of wrongful death cases, you’ll be better prepared to know what your legal options are should you have a loved one who experiences a wrongful death.
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Amanda Byers is a graduate of Columbia, where she played volleyball and annoyed a lot of professors. Now as Zubuz’s entertainment and Lifestyle Editor, she enjoys writing about delicious BBQ, outrageous style trends and all things Buzz worthy.