Wrongful death occurs when another party’s misconduct or negligence causes loss of life. There are many ways a wrongful death can occur and all involve a breach in duty of care owed to the deceased, leading to their death.

After the death of a loved one caused by another person’s negligence, you may be at a crossroads on what to do. Read on to learn more about how wrongful deaths can occur and what actions you can take as the bereaved.

Car Accidents

If a car accident caused by a negligent driver is fatal, it can be termed a wrongful death. Driver negligence includes:

  • Speeding.
  • Poor vehicle maintenance.
  • Driving under the influence.
  • Failing to signal, among others.

To qualify as wrongful death, the driver’s action ought to have contributed to the accident.

However, it’s important to remember crashes beyond the driver’s control, such as defective car parts or poorly marked roads, can also be wrongful death.

Defective Products

Wrongful death can occur because of a defective product under the Consumer Protection Act. Product liability holds manufacturers and the entire supply chain responsible for injuries or fatalities to users as long as the defective product was being used for its intended purpose. The defect can stem from either the product’s manufacture, design, or failure/lack of prior warning about an unforeseeable risk.

There is no uniform definition of product liability across the United States. However, certain industries, like automotive and medical equipment manufacturing, are required to adhere to much stricter regulations.

Medical Negligence

According to a recent report, medical errors are a leading cause of death in the country. Wrongful death occurs when a hospital or healthcare provider’s negligent actions and inactions lead to loss of life for a patient under their duty of care.

The negligence or malpractice can occur during diagnosis, treatment, or even at the point of prescribing medication. Instances of medical negligence that can cause wrongful death include misdiagnosis, surgical errors, prescribing wrong or expired medication, and so on.

Workplace Accidents

The Occupational Safety and Health Administration (OSHA) assigns a duty of care to employers towards their workers. It includes communication of hazards and providing protective equipment to employees at all times within the workplace.

A wrongful death can occur on the job if an employer or work environment does not meet safety standards, leading to fatality.

What’s Next After a Wrongful Death?

If you’ve lost a loved one from another party’s negligence or incompetence, you are entitled to file a wrongful death claim. An attorney can help you sue for damages addressing all the different ways the loss of life has affected your own.

Depending on the state, you must have a relation with the deceased to sue for wrongful death. This may mean;

  • Immediate family members like spouses and children
  • Partners
  • Distant family members
  • Financial dependents who suffered loss from the death.

State laws differ on who can file a wrongful death claim, it is crucial to get in touch with a competent attorney who can guide you through the specifics per state.

Compensation and Statute of Limitations in Wrongful Death Suits

Wrongful death claims have a statute of limitations beyond which you cannot pursue damages. The time varies subject to the state in the death occurred, and in most cases, it’s two years from the official date the death was reported. However, there is a special consideration for minors and the mentally disabled.

There may be a cap on the amount of damages awarded which varies by state. Since compensation is monetary, certain states like Texas have a $250K cap on non-economic damages, while others like Florida have no caps in place for wrongful death claims.