What are the Most Common Types of Wrongful Death Claims?

If you have had a loved one die as a result of the negligence of someone else’s actions, are there actions you can pursue in addition to the criminal charges faced by the defendant?

A wrongful death claim is not always easy to win. The plaintiff has to prove that the defendant breached a duty of care that was assumed with the plaintiff by not acting with reasonable care. Further, the death was a direct result of the breach of duty of care. If you or someone you love believes they have a wrongful death case, it may be in your best interest to reach out to a wrongful death attorney Longwood FL residents trust.

Wrongful death cases are more likely to be associated with the following incidents:

Accidents in the Workplace

It is the responsibility of the employers to provide a safe working environment for their employees. OSHA outlines and enforces these regulations. Wrongful death claims come from very different sectors of industry, including:

  • Accidents in Manufacturing
  • Mesothelioma and Asbestos Exposure
  • Strain and Repetitive Motion Injuries
  • Accidents in the Transportation Industry
  • Accidents among Railroad Workers

In most instances, the family will receive death benefits from the workers’ compensation program in their state. In rare cases, it may be possible for the family to sue for negligence.

Product Defects

In the event a manufacturer produces a defective product resulting in a death, the company making the product needs to be held responsible. Defects can come in a variety of products including:

  • Toxic containers and food products
  • Pharmaceuticals
  • Vehicles that are defective
  • Defective toys and childcare products

Medical Malpractice

Medical malpractice are, thankfully, not common, but do occur. People can die as a result of doctors and other medical professionals failing to conform with the correct protocol. Medical situations where this has occurred include:

  • Incorrect diagnosis
  • Birth injuries
  • Prescription errors
  • Errors in surgery
  • Incorrect or delayed treatment
  • Informed consent not given
  • Use of medical devices that are defective

Motorcycle Accidents

Accidents involving motorcycles frequently need legal assistance because many of these crashes occur because of a defect or hazard on the highway. Injuries sustained from motorcycle accidents include:

  • Spinal cord injuries
  • Scarring
  • Broken Bones
  • Paralysis
  • Brain injuries
  • Injuries to the back and neck

Truck Accidents

Truck accidents differ from other motor vehicle accidents by virtue of their size and weight. The likelihood of suffering from a very serious injury or death because of an accident involving a truck is much higher than with a standard size vehicle.

Several reasons or causes of trucks causing wrongful deaths include:

  • Mechanical defects
  • Negligence on the part of the trucking company
  • Driving under the influence of drugs or alcohol
  • Distracted driving (cell phone use)
  • Driver error or negligence (resulting in jackknifing the truck)
  • Driver fatigue
  • Driving in bad weather conditions
  • Incorrectly balanced load or overweight load

Automobile Accidents

In 2017, just over 40,000 people were killed in car accidents, not to mention those permanently and severely injured as a result of being involved in an accident. Wrongful death claims are filed by loved ones to recover such things as future lost wages, medical expenses, funeral expenses, pain and suffering, etc.

Severe and/or deadly accidents typically occur as a result of:

  • Driving recklessly
  • Excessive speed
  • Distracted driving
  • Defects in the automobile
  • Driving under the influence of drugs or alcohol
  • Construction activity
  • Defects in the road

Wrongful death claims are not only awarded to families and loved ones to compensate them for their loss. They should also send powerful messages to manufacturers, individuals, companies or employers that they need to be held accountable for their action or inaction.



Thank you to our contributors at the David & Philpot, P.L law firm for the above information.