A wrongful death case is the result of a death caused prematurely through the negligence of another person, business or government organization. When a death does result from the negligent acts of another entity, the surviving family members have a right to pursue damages to compensate them for their loss. While the specific circumstances of each case are unique, every case falls into one of seven categories.
When the accident is fatal, a wrongful death lawyer in Los Angeles can help you prove that the death was caused by distracted driving, driving under the influence, hazardous road conditions, or reckless driving.
This is a separate classification, because it refers to commercial truck drivers, who have a higher duty of care on the road. When their driving causes a fatal accident, the trucking company, as well as the individual driver, may be liable for damages.
All automobile drivers have a higher duty of care toward bicyclists on the road. In one case, a 13-year-old boy was struck and killed by an ambulance, while riding his bicycle. The boy’s family sued Mercy Regional Emergency Medical Services for the wrongful death and received $1.2 million in damages.
When a death occurs due to medical error on behalf of a professional caregiver, the surviving family members can sue for malpractice. Wrongful death settlements are typically awarded for misdiagnoses, prescription of wrong medications, surgical error, or a missed diagnosis. The failure of medical equipment to function properly can also fall under this category.
Manufacturers and distributors are required to make products that are safe for consumers and warn them of any risks associated with the use of their products. When the business fails to do this, they can be held liable for any injuries and deaths that occur as a result.
When a death occurs in the workplace, the individual’s surviving family members may sue for the wrongful death. The death must have been caused by unsafe working conditions, where proper safety equipment wasn’t provided. It can also stem from exposure to hazardous substances, faulty machinery and explosions or fires.
When a crime is committed and a death is caused, either directly or indirectly, the family may sue for the wrongful death. One example of a crime indirectly causing a death is the case of a New Jersey teenager who was left psychologically scarred by sexual abuse. He killed himself, and as result, the family sued the high school coach who molested him from St. Rose High School in Belmar, from The Diocese of Trenton. The family was awarded $900,000.
If your family has suffered a loss due to the negligence of someone, you may be entitled to compensation. By consulting a personal injury lawyer in Los Angeles, you can have a professional analyze the facts of your case and help you determine the best course of action. While monetary compensation can’t replace your loved one, it can help you deal with the financial burden that the lossed one has created.