Posted in: Nov 17,2022|
Losing a loved one is never easy, but loss due to a preventable accident is extraordinarily painful. The pain of injustice compounds the shock, grief, and uncertainty families experience after such a loss. If a family member is killed because of someone else’s negligence or carelessness, you may have a case for a wrongful death lawsuit, which will hold the at-fault party responsible.
A wrongful death lawsuit can be filed by close family members of the deceased, including parents, spouses, children, and step-children, to hold the responsible party accountable for their wrongful death negligence.
While never filling the void of a lost loved one, wrongful death settlements provide the family with financial and emotional support due to the fatal incident. Economic damages can include expenses to cover medical bills, funeral costs, lost earnings, and more.
Wrongful death lawsuits may arise from all kinds of accidents and events. While cases are complex, and each is unique and nuanced based on specific details, this post examines some common types of wrongful death cases families may file in response to a tragic accident.
Truck Accidents and Wrongful Death
Due to the sheer size and weight of large trucks and tractor-trailers, truck crashes account for a significant portion of highway fatalities. There are key differences between truck accidents and car accidents, including who pays a wrongful death claim. Truck crash cases can involve multiple defendants, including the truck driver, the trucking company, third-party brokers, or mechanics responsible for inspecting and maintaining the vehicle.
Truck accidents also involve more in-depth investigations than most car accidents and require representation with a thorough understanding of federal trucking regulations. Common causes of semi-truck crashes include excessive speed, driver distraction, drowsy driving, mechanical failure, and more.
Wrongful Death from Construction Zone Accidents
Center for Construction Research and Training data states nearly 1,000 construction workers were fatally injured each year from 2011 to 2020. More than one-third of those deaths between 2018 and 2020 were caused by fatal falls, slips or tripping hazards, which often result from lacking compliance with Occupational Safety and Health Administration (OSHA) regulations. Not providing proper safety harnesses, guard rails, appropriate protective equipment or required safety training are examples of common OSHA violations that expose workers to unnecessary high risk.
Equipment failure, poor traffic flow design or inadequate warning signage in a road construction zone can also pose a threat to passing motorists. According to National Highway Traffic Safety Administration data, there were 857 work zone traffic fatalities in 2020. Speeding, distracted driving, or reckless and negligent driving through road construction work zones are common causes of both motorist and worker deaths, adding to the complexities that must be considered in a construction zone wrongful death suit.
Lawsuits resulting from a construction worker’s wrongful death can be some of the most difficult to navigate. It must be proven that another party’s negligence or harmful intent caused the death.
Medical Malpractice and Wrongful Death
While Indiana is home to excellent hospitals and healthcare facilities, mistakes can and do happen anywhere. When a doctor or caregiver’s negligence results in your loved one’s death, you have a right to take action.
Examples of medical negligence that can cause a patient fatality include a missed, delayed, or incorrect diagnosis, especially of a serious illness like cancer. Medication dosage errors can also occur, as well as fatal complications arising from drug interactions or allergies.
Medical malpractice cases can be complicated and will require a doctor’s evaluation in addition to an experienced legal team. Successful malpractice claims must prove that a patient suffered due to substandard care.
Premises Liability and Wrongful Death
Property owners have a duty to keep their property free of hazards to their guests and visitors. If a hazardous condition on the premises results in the death of a family member, you may be able to file a wrongful death lawsuit. Types of fatal premises liability cases include explosions, toxic exposure, inadequate security, or a fatal slip and fall.
Defective Products and Wrongful Death
Consumers have the right to expect that products they buy and use will not cause harm or at least contain reasonable warnings about potential hazards. If manufacturers and retailers fail to uphold their duty to consumers, serious or even fatal injuries can occur. A product liability case can result from a product design problem, a manufacturing and production flaw, or inadequate instructions and warning labels. Examples of product liability and wrongful death cases may include furniture with a risk of tipping over, defective automotive parts, faulty construction equipment and machinery, or carcinogenic substances in consumer products.
Contact an Indiana Wrongful Death Lawyer at Montross Miller
If your loved one has died in an incident due to another party’s negligence or reckless actions, contact our experienced wrongful death attorneys at Montross Miller. A compassionate, highly skilled wrongful death lawyer will listen to your story, answer your questions, and help you decide what to do next. Get advice you can trust from the law firm you can count on when it matters most. Reach out to begin your free, confidential case evaluation today.