Wrongful deaths occur through a person’s—or company or manufacturer—negligence, wrongful actions or complete inaction in the face of a crisis. When a fatal accident occurs under such circumstances it is known as a wrongful death. Wrongful deaths can leave families suffering from the loss of their loved one, and dealing with financial catastrophes as well. Those who are left behind after a wrongful death have not only lost their loving relationship with the deceased, they have also lost future financial support or a possible inheritance down the road.
If it is a parent who was killed as a result of another’s negligence, the children have forever lost the loving parental care and guidance, and the surviving spouse has lost the love and comfort of the husband or wife. While no amount of money can compensate for the loss of a loved one, receiving economic damages through a civil action can ease the financial devastation suffered by the remaining family members. Even when the deceased is considered to be at fault in the accident which resulted in his or her death, the family is not precluded from filing a civil action as plaintiff.
Statistics Related to Wrongful Deaths
Car accidents are the primary cause of wrongful deaths for those under the age of 35; nearly a third of these wrongful deaths are the result of alcohol abuse, and another third relate directly to a driver who is exceeding the speed limit. SUV rollovers are responsible for as many as 10,000 fatalities each year. After car accidents, medical malpractice is the primary cause of wrongful deaths followed by slip and falls, workplace injuries, amusement park rides, boating accidents and swimming pool accidents. Under medical malpractice deaths, falls the nearly quarter of a million people who die as a result of adverse prescription drug reactions. Train accidents are responsible for up to a thousand wrongful deaths each year, while mesothelioma, a cancer caused by asbestos exposure, cases another 4,000-5,000.
Motor Vehicle Wrongful Deaths
Many causes of wrongful death include driver mistakes, whether negligent or accidental, faulty automobiles or substandard parts and roadways with flawed designs. It is important to know that wrongful death claims can have a very short window of time in which to file a wrongful death suit so it’s especially important to hire an experienced personal injury attorney quickly. Should the statute of limitations expire, you and your family could be left with no recourse for recovery, facing a lifetime of financial hardships.
If a wrongful death was the result of a manufacturing defect, especially one the manufacturer knew about but turned a blind eye to, the courts may award extra reparation known as punitive damages. This monetary compensation is intended to dissuade the responsible party from ever repeating the actions or inaction which caused the wrongful death. Some common manufacturing defects which can lead to wrongful deaths include defective airbags, defective tires, roof crush during a rollover accident, defective seatbelts, seat failure or defective brakes. Other times, defective roadways which are poorly designed can be deemed to be responsible for a wrongful death.
Determination of Wrongful Death Compensation
When determining the amount of compensation the family members will receive for the wrongful death of their beloved family member, the courts will consider the decedent’s age, level of health and life expectancy as well as the total economic loss, the amount of insurance coverage available and to what extent the remaining family members relied on the deceased for financial support. In many cases compensation will also be awarded for damages which are considered to be non-economic such as the loss of companionship and love.
In order to determine the responsible party for your loved one’s wrongful death, it is important that you contact a personal injury lawyer with an in-depth knowledge of product liability, motor vehicle regulations, traffic laws and medical issues. If you’ve lost a loved one because of a wrongful death and the negligence of another, your attorney can fully explain what it will take to reach a settlement which will compensate you and your family members for your suffering.
