What are the Most Common Causes & Types of Wrongful Death?
Do you believe that you have had a loved one pass way wrongfully? Are you wondering what qualifies as a wrongful death?
What are the Most Common Causes in Wrongful Death Cases?
Wrongful death claims can be filed by the surviving family members and loved ones of a person who was killed or died as the result of injuries that otherwise could have been prevented. Under Ohioís wrongful death statutes, surviving parents, spouses, children, and other family members and beneficiaries of the departed may be entitled to damages through a wrongful death lawsuit that, in addition to actual expenses associated with their injury, illness, or death, include loss of future earnings, loss of companionship and care, as well as compensation for the pain and suffering that comes from losing someone close to you. A surviving spouse, children (including adopted children) and surviving parents are presumed to have suffered a loss if their loved one has be wrongfully killed. Other family members, such as siblings, half-siblings, aunts, uncles, cousins and grandparents, are not presumed to have suffered a loss due to the wrongful death of their loved one, but this presumption can be rebutted if the family member can demonstrate that he or she has suffered a loss due to the death that is compensable. Common causes of wrongful death that are recognized by the court include:
-Wrongful acts, such as those involving violent crimes, regardless of whether or not the person was convicted of criminal charges;
-Negligent acts, such as failing to follow standard safety regulations and procedures, failing to warn others of potential dangers, or otherwise acting in a reckless manner;
-Default, in cases involving outstanding claims the deceased party may have been entitled to had death not occurred.
What are the Most Common Types of Wrongful Death Cases?
Death as the result of an accident or due to anotherís reckless or negligent conduct is an unfortunately common occurrence. Accidents that result in death, or death-causing injuries, can happen any place and at anytime. According to the Centers for Disease Control and Prevention (CDC), unintentional injury deaths are the fourth leading cause of death in the U.S., resulting in over 130,000 deaths each year. The CDC report that common types of wrongful death cases involve the following types of accidents:
-Car, truck, and motorcycle accidents;
-Pedestrian and bicycle accidents;
-Premises liability accidents, involving slip and fall injuries, or being struck by or against an object;
-Product liability cases, in which a defective or dangerous product results in accident injury and death;
-Medical malpractice errors and mistakes;
-Accidental poisonings and medication errors and overdoses;
-Drowning, boating and recreation accidents;
-On-the-job accidents and illnesses.
Construction site accidents and death due to an animal or dog attack have also been reported causes of untimely death, and even intentional acts, such as deaths resulting from criminal activities, or murder, can form the basis for a wrongful death action. If you are a surviving family member of someone who has died as the result of an accident or due to the intentional or negligent actions of another, you need to consult with an experienced wrongful death attorney to discuss your rights.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.