Understanding Examples Of Wrongful Death Cases
It is a tormenting and heartbreaking experience if you lose your loved one as a result of the negligence of someones else. The loss of life could have caused by either by a workplace hazard or a road accident. The financial and emotional impact of this on the well-being of a family is immense due to the experience they go through.
For a person to be held liable for the wrongful death, you must present evidence to the court that defendant had a duty of care to the dead person. This is defined as the legal responsibility for a person to act with reasonable care to ensure that his actions do not cause harm to others. In additionally there must be sufficient proof that the breach directly caused the injuries that gave rise to the death.
Automobile accidents are some of the most common causes of wrongful deaths. These accidents are blamed on negligent road behaviors that include speeding, lack of concentration and driving under the influence. A driver therefore can be blamed for causing the death through negligence and required to assume liability. On the other hand, if there was a problem with the traffic lights, the local council will bear responsibility.
Deaths in nursing can be regarded as wrongful if the residents were subjected to abuse or neglect that eventually gave rise to fatalities. Abuses that fall in this category includes dehydration, malnourishment and failure to provide medical care. Eventually this can give rise to bed sores, falls and other complications which will lead to the facility taking full liability.
Another place where wrongful deaths occur at a high rate is the workplaces. The deaths have higher frequency in occupations that are considered to be high risk such as manufacturing and construction. An employer will be held for the fatalities if it is proved that he failed to have proper maintenance of the equipment or the premises.
A lot of wrongful deaths are also reported in the medical sector due to malpractices. As much as healthcare professionals are devoted to the care of their patients, it is still possible to have human mistakes and errors. Areas where medical malpractices can be cited include birth injuries, delayed or improper treatment and medication errors. Among the causes of these can be attributed to failing to adhere to the correct procedures or corner cutting.
A death can be described as wrongful if it results from the use of a defective produc and thus you shpould look for Sweet Lawyers. The blamed can be laid on the whole chain of distribution that would include the designer of the product, the manufacturer and the retailer who sold it. Among defective products that can lead to wrongful deaths include pharmaceutical medications, tools and machinery, toys and motor vehicles.