If you are injured in an accident in which someone else was at fault, you likely have grounds to file a personal injury lawsuit against that person for negligence. However, sometimes one or more people in the accident suffer fatal injuries. Deceased persons are not allowed to file a lawsuit in court, and therefore someone else, usually a spouse, parent, or member of the deceased person’s immediate family, must originate a claim. Such a lawsuit by a surviving family member would be for wrongful death.
If you have suffered the loss of a spouse, child, or other close family member, and you believe someone else was at fault for their death, you can contact a Fayette County wrongful death attorney to discuss options for your case. Whether the death was from an accident or from violence, you will likely be able recover on behalf of the deceased person.
Both intentional and negligent acts can trigger a successful wrongful death lawsuit. Common examples of wrongful death suits involve:
- Violence or murder
- Auto accidents
- Medical malpractice
- Unsafe Premises
- Products liability
- Negligence in the workplace.
The United States Transportation reported approximately 37,000 wrongful death suits each year as a result of auto accidents. The second most common wrongful death suit is medical malpractice. Each year, medical malpractice causes an estimated 90,000 deaths. Medical malpractice wrongful death suits can stem from failure to diagnose, misdiagnosis, second-rate care, or surgical mistakes, to name a few. Other medical wrongful death suits involve deaths caused by prescription drugs. Prescription medication negatively affects 1.5 million people in the United States each year. The Center for Disease Control and Prevention reports that the number of deaths from prescription drugs rose 68% in a five-year period of time during the 2000’s. The number of wrongful death suits against prescription drug companies also increased, proportionally.
The U.S. Department of Labor reported 5,840 fatalities from accidents at work. Some of the most common workplace deaths resulted from auto accidents, equipment malfunction, assault or violence from a coworker, falls, and exposure to chemicals or other harmful substances. When a person dies from an occupational accident, the surviving family often files a wrongful death suit against the employer.
If your loved one has been killed due to an intentional act or negligent conditions, The Law Offices of Shane Smith can help you file a wrongful death lawsuit to recover financial damages on behalf of the deceased person. Do not hesitate to call us at (770) 487-8999 for a free consultation.