One of the most tragic news a family can receive is that of a loved one passing away under circumstances that can be categorized as wrongful death. A wrongful death occurs when an individual suffers personal injuries or an illness either due to the neglect of a person or party or when circumstances for the individual’s death are proven to have been caused by the actions or the inaction of a person or party. Wrongful death claims are civil lawsuits that result in monetary compensation for the spouse, children, family, or beneficiary of the victim. Traffic accidents make up a large percentage of wrongful deaths, especially on the highway. The Department of Justice (DOJ) reports that 90% of medical malpractice lawsuits involve the wrongful death of an individual. Workplace accidents and slip and falls are two of the main type of accidents that cause wrongful deaths.
If someone you know has died from personal injuries due to the neglect of others, please contact our Wrongful Death Lawyers today.
Wrongful Death Accidents
As mentioned above, motor vehicles accidents and workplace accidents are two of the ways many people receive personal injuries that result in wrongful deaths. Every year, there are more than 1,000 deaths in the country on construction accidents, making construction one of the most dangerous occupations in the United States.
According to the National Highway Traffic Safety Administration, more than 73,000 car accidents occurred in our city in 2017. Roughly 260 victims of serious traffic accidents received fatal injuries with more than 140 being pedestrians minding their own business. While not all car accident fatalities are wrongful deaths, a large percentage them can be classified as such due to the willful neglect of the other driver. Erratic driving, DUI, and speeding are chief causes of wrongful deaths from car accidents and those responsible for displaying such irresponsible behaviors can be held liable for their actions in civil court.
Violence and medical malpractice are two other common ways wrongful deaths occur in . When someone commits a violent act against another that results in the wrongful death of a victim, both criminal charges and civil litigation can be sought. More than 7,000 people in die every year as a result of injury, according to the Department of Health.
It is important to remember that wrongful death claims in civil court are primarily pecuniary. That is to say, if the individual is found responsible for the wrongful death, he/she must compensate the victim’s family, spouse, or children with the amount ordered by the court.
Common types of accidents resulting in wrongful deaths in include:
Statute of Limitations
The statute of limitations for a wrongful death claim is two years. A lawsuit cannot be brought to civil court for a wrongful death claim if the decedent has died two year’s prior to the claim. However, there are certain exceptions to the two-year limitation, including if new information has come to light that has altered the details of the decedent’s death to prove the wrongful death has occurred.
Getting Legal Help
Wrongful death claims can be a difficult ordeal for a family to endure. However, they are often necessary so as to ensure the family of the victim does not bear the full financial burden of the loss of a primary caregiver and loved one. Holding those responsible for the wrongful death through pecuniary compensation can relieve some of the burden. If someone you know has died from personal injuries due to the neglect of others, please contact our Wrongful Death Lawyers today.