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When can you file a wrongful death lawsuit?

Wrongful deaths lawsuits can be a difficult time for a family, the loss of a loved one is already difficult enough. But as the family of the deceased is still grieving, they must take action to get the justice them and their lost loved one deserves.

Wrongful death is when someone dies due to another’s negligence, and there are many situations whereas one can file a wrongful death lawsuit. Today we will discuss some of those particular situations and what qualifies as a wrongful death.

Workplace Accidents and Construction Accidents Alike

Due to the nature of the industry, unfortunately construction accidents happen all to often. There are many things that can seriously injure or kill a worker on a construction site, as there is a high number of contractors and subcontractors that are operating equipment and driving around the site. Even in other industries not related to construction, the chance of a wrongful death can always be there if one’s safety can be influenced by another negligent party. A few examples of common workplace and construction accidents that can result in a wrongful death due to someone else’s negligence include but are not limited to:

  • Failure to adhere to general scaffolding or ladder safety standards
  • Insufficient safety training for workers
  • Defective equipment
  • Poor safety precautions, failure to provide proper personal protective equipment
  • Fires and explosions
  • Exposure to toxic substances.
  • Failure to have the correct and proper fall protections in place

Car, Truck and Motorcycle Accidents

The most common causes of wrongful deaths usually happen in either car accidents, truck accidents or motorcycle accidents. The reasons a wrongful death may take place in these instances could be:

  • Driver negligence, this could possibly be due to the fact they were distracted because they were texting or any other activity that would take their eyes and attention off the road.
  • It could be due to driver recklessness if a driver was under the influence of alcohol or drugs or they could have violated the safety rules of the road.
  • A manufacturing defect on the vehicle, such as defective brakes or tires that caused the accident.
  • Or even road defects caused the car to crash.

Wrongful Death Caused by Medical Malpractice

As a patient, you want to feel as if your doctor or medical professional has your health in their best interests. But this is not always the case, if a medical professionals negligence caused the loss of a loved one, they could be held liable for a wrongful death claim. A few instances where medical malpractice could cause a wrongful death can be:

  • Delayed or misdiagnosis of a life-threatening condition
  • Prescribing or administering wrong medications
  • Surgical mishaps, such as leaving sponges in the operation site
  • Failure to treat or wrong treatment of a serious condition
  • Laboratory or X-ray errors.

And there are many more situations where one can file a wrongful death lawsuit due to the negligence of another. Some of these are, Nursing home wrongful death due to the nursing homes employee negligence, a defective product that caused the death, a slip or fall accident, and pedestrian or biking accidents as well. A wrongful death attorney can help you and your loved ones file a wrongful death lawsuit if you believe the death was caused by someone else’s negligence.

What Documents and Evidence You need to File a Wrongful Death Lawsuit?

After you have determined the loss of your loved one was due to the negligence of someone else and you do indeed have a wrongful death case, there is documentation you will need to prove it. These are not necessarily needed in every case, but they are the most common:

  1. Medical records and police reports
  2. Death certificate and autopsy reports
  3. Evidence of the relationship between the negligent party and the victim
  4. Family records and tax returns

These are needed as mentioned before depending on how the wrongful death happened. They will prove how the deceased was killed and also how much compensation you will get from the claim depending on their loss of income.

A skilled wrongful death attorney will be able to help you gather the required documents and facts in order to win the case. It takes a lot of hours and work to hire the right witnesses and get the correct documents in place to prove without a doubt the death was due to someone else’s irresponsibility and negligence. Call a wrongful death attorney today to see how they can help you get the justice your loved one deserves.

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