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Exploring Examples Of Wrongful Death Cases

It is a tormenting and heartbreaking experience if you lose your loved one as a result of the negligence of someones else. Either the death was as a result of a danger in the workplace or from an automobile accident. Financially and emotionally a familys wellbeing is drastically affected as a result of the experience they undergo through.

If a court is to find a person to be responsible for the wrongful death, the plaintiff needs to prove that the defendant possessed duty of care to the deceased. This is a legal requirement that requires a person to act with reasonable care to avoid his actions causing harm to others. In additionally there must be sufficient proof that the breach directly caused the injuries that gave rise to the death.

Among the causes of wrongful death are motor accidents. Some of the negligent actions that are the cause of these accidents include driving under influence, speeding and driving under the influence. In this case the negligent driver can be held liable for the deaths caused as a result. If the accident was as a result of faulty traffic lights, the county or city where the accident took place will be held liable.

Deaths in nursing can be regarded as wrongful if the residents were subjected to abuse or neglect that eventually gave rise to fatalities. Abuses that fall in this category includes dehydration, malnourishment and failure to provide medical care. This can result to falls, bed sores and several other complications for which the facility must take full responsibility.

Workplace is one area that wrongful deaths are reported often. High risk occupations like the constructions have a high incidence of the deaths. An employer will be held for the fatalities if it is proved that he failed to have proper maintenance of the equipment or the premises.

Malpractices in the medical field are other common causes of wrongful deaths. As much as healthcare professionals are devoted to the care of their patients, it is still possible to have human mistakes and errors. Surgical mistakes, misdiagnosis and hospital negligence are some of the most cited medical malpractices. Among the causes of these can be attributed to failing to adhere to the correct procedures or corner cutting.

In case someone dies due as a result of a defective product this will fall under the definition of a wrongful death. People in the distribution chain who include the seller, the maker and the designer of the product can be held liable. Defective products that can cause wrongful deaths include motor vehicles, tools and machinery, toys and pharmaceutical drugs.