Common Causes of Wrongful Death

Wrongful death happens when another person’s negligent or reckless actions cause someone else’s preventable death.

Losing a loved one to a wrongful death is an unimaginable hardship, but you don’t have to face it alone. Talk to a wrongful death lawyer about your options if you’ve lost a loved one and you need legal advice about seeking compensation.

Defining Wrongful Death

Wrongful death is a civil claim made when someone’s death is caused by another party’s negligence or intentional actions. The deceased’s surviving family members or beneficiaries can file a wrongful death lawsuit to seek compensation for the losses caused by the death.

Negligence or misconduct is at the core of most wrongful death cases. Someone is negligent when they perform acts that breach a duty of care and result in a preventable death. A “duty of care” arises when a person or company has an obligation to follow safety guidelines or laws to keep others safe. Someone breaches the duty of care when they disregard those guidelines, resulting in another person’s death.

The goal of a lawsuit is to hold the responsible party accountable and get financial compensation for the deceased person’s estate and surviving family. 

Wrongful death can occur in several situations, such as medical malpractice, car accidents, workplace accidents, and defective products.

Medical Malpractice and Health Care Errors

Medical malpractice is a leading cause of wrongful death. According to a study from Johns Hopkins Medicine, about 250,000 people die from medical malpractice each year, making medical errors the third leading cause of death in the United States.

Common examples of medical malpractice that lead to wrongful death include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication mistakes
• Birth Injuries
• Failure to provide proper follow-up care

There must be evidence that a medical professional acted negligently, meaning they failed to meet the standard of care that a reasonably skilled professional in the same field would have provided under similar circumstances.

Motor Vehicle Accidents

About 42,795 people died in motor vehicle accidents in 2022, according to the National Highway Traffic Safety Administration (NHTSA). Car accidents, truck accidents, motorcycle accidents, and pedestrian accidents often stem from negligent or reckless behavior behind the wheel.

When a driver’s negligence or reckless driving leads to a fatal accident, it’s considered vehicular manslaughter. It’s a form of wrongful death.

Common causes of fatal car accidents include:

• Distracted driving, such as using a phone or sending text messages while at the wheel
• Driving under the influence (DUI)
• Speeding

A driver is negligent when they fail to exercise reasonable care while operating a vehicle, which causes harm to others. To prove negligence, you must show that the other driver breached their duty to follow traffic laws or drive responsibly. You must also show this breach caused an accident leading to injuries or fatalities.

Workplace Incidents and Occupational Hazards

Workplace incidents and occupational hazards are significant contributors to wrongful deaths. There were 5,486 workplace-related deaths in 2022, according to the Bureau of Labor Statistics.

Common causes of fatal workplace incidents include:

• Construction accidents, such as falls from heights or being struck by heavy equipment
• Exposure to hazardous substances
• Machinery accidents, such as faulty equipment or failure to follow operating procedures
• Fires and explosions

Employers have a legal obligation to provide a safe working environment under state and federal law. You can hold them liable for a loved one’s wrongful death when they fail to uphold these responsibilities.

Defective Products and Consumer Safety

Defective products pose a serious threat to consumer safety. They often lead to injuries and, tragically, wrongful deaths. An estimated 50,900 deaths in 2019 were related to a consumer product, according to the Consumer Product Safety Commission.

Common examples of defective products leading to wrongful death:

• Faulty machinery and equipment
• Defective medical devices
• Dangerous pharmaceuticals
• Toxic consumer goods, such as contaminated food, unsafe children’s toys, or toxic household chemicals
• Exploding or overheating devices, such as defective batteries in electronics

Under product liability laws, manufacturers, distributors, and even retailers can be liable for damages if their negligence leads to a consumer’s death.

Legal Recourse for Victims’ Families

When a loved one dies due to wrongful death, you might face emotional and financial devastation. A lawsuit allows surviving family members to hold the responsible parties accountable and get compensation for their losses.

You can seek several types of damages in a wrongful death lawsuit, including:

• Economic damages: Compensation for measurable financial losses, such as medical bills, funeral costs, and lost income
• Non-economic damages: Awards for emotional suffering, loss of companionship, and the pain and suffering experienced by the deceased before death
• Punitive damages: An award to punish the wrongdoer in cases involving egregious misconduct

A Lawyer’s Role in Wrongful Death Cases

Wrongful death lawsuits are complex. They involve several parties and require extensive investigations and expert testimony. An experienced wrongful death attorney can assist you in many ways. Your lawyer can gather and present evidence to establish negligence or misconduct. They can negotiate with insurance companies and opposing legal teams. If the case goes to trial, your lawyer can also represent your family in court.

If you’ve lost a loved one and suspect that you have a wrongful death claim, talk to a lawyer for legal advice. A wrongful death lawyer can help you navigate this difficult time and understand your rights and options.