Types of Wrongful Death Cases
Untimely death of a loved ones is one of the most difficult time for the loved one’s family or friends. However, in some cases, someone else might be at fault and in those cases, when someone else was negligent, you might be entitled to a compensation. These type of compensations are achieved through a wrongful death lawsuit.
Here, we will discuss what different type of accidents can lead to a wrongful death lawsuit.
Commercial trucking accidents
Most of the time, commercial trucking accidents are classified as auto accident. However, they are different from passenger vehicle accidents in a lot of way. One of the main difference is the mere size of the truck. Since commercial trucks are often heavy and large, they are most likely involved in accidents that result in death.
Commercial truck operation has a lot of elements in it, and each one of them has to be examined by the personal injury or wrongful death lawyer in order to determine how the accident occurred. These elements can include
- Mechanical failure
- Incorrect maintenance of the truck
- Oversized loads
- Loads that weren’t properly secured
- Driving error and
- Driving under the influence of some substance (alcohol or drugs)
In order to determine which party, or parties, are liable in the wrongful death of your loved one, the attorney will review every relevant aspect of the commercial truck operation.
Wrongful Death Through Car Accidents
Traffic collision involving passenger vehicles are one of the most common types of accidents that lead to a wrongful death case. This is due to the number of people that drive and how often they drive.
According to the 2019 NHTSA statistics, over 39,000 car accidents in the US had a fatal outcome. Only in Arizona, there were 911 fatal crashes, and even though this is the lowest number in the past three years, that is still an alarming number
Many of the fatal car accidents are caused by the negligence or one or more drivers. These can be categorized as:
- Distracted driving
- Drunk driving or driving under the influence
- Roadway issues
- Speeding and
- Driving while drowsy
Bicycle, Pedestrian or Motorcycle accidents
People that commute with bicycles, motorcycles or on foot, are more likely to be killed in vehicle accidents. This is because they lack the necessary protection that vehicle d rivers have during the collision.
In the majority of these cases, the pedestrian, bicyclist or motorcyclist are killed in accidents mainly because of the negligence of the driver.
Medical malpractice and wrongful death
Even though hospitals should be a safe place, where healthcare providers should be skilled and well-trained to avoid harming the patients. We even have safety protocols set up in all hospitals. But despite that, medical negligence occurs and it can be fatal.
The most common examples of fatal medical errors include:
- Delayed or incorrect treatment
- Birth injury
- Errors during surgery
- Pharmaceutical errors
- Defective devices or medications
- Hospital negligence
- Lack of informed consent
Certain occupations are at greater risk of injury and death because of workplace accidents and dangerous nature of the job. Fatal work accident can occur in any workplace where the workers are required to work under dangerous conditions.
Based on the research of OSHA, the most frequent work-related accidents which result in death, occur due to:
- Being struck by an object
- Being caught between machinery, objects or materials
Defective products are dangerous for users even if they are used correctly. Sometime, even safe use of a defective product can be fatal. The most common cases of defective products, which cause death are:
- Defective drugs
- Vehicles or some components
- Defective children products
- Toxic food or containers
All manufacturers are obligated to only manufacture and sell safe and reliable products to their users. In case the manufacturer creates an unsafe or defective product, which poses danger to the user, then he can be held reliable of the (proper) use of said product leads to the user’s death.
If you or your loved ones has died and you suspect that you have a wrongful death case of one of the types mentioned above, contact Schenk & Podolsky today and schedule a consultation. Let us review your case with you and see if you have the right to claim compensation.