Although we are still living in a pandemic, it is important to emphasize that the legal standard of medicine still has not changed.
Losing a loved one is one of the most difficult and heartbreaking experiences that a person can go through in their lives. This can be even more complicated to process when the individual’s death is caused by someone else’s negligence. Although compensation doesn’t make up for losing a loved one, filing a wrongful death lawsuit can give loved ones a sense of financial stability when covering medical bills, funeral costs, and household expenses while trying to restore their lives.
Wrongful death is when an individual’s death is due to negligence or wrongful actions of a person and/or business entity. Wrongful death claims can be relevant in many different personal injury cases. The following are the most common types of wrongful death cases.
Car Accidents
Car accidents are one of the most common causes of wrongful death. According to preliminary estimated data released by the National Highway Traffic Safety Administration (NHTSA), 38,680 people died in motor vehicle traffic accidents in 2020. Although Americans drove less during the pandemic, 2020 had the largest number of motor vehicle fatalities since 2007.
Auto accident fatalities are caused by a number of reasons, including:
- Speeding
- Driving while drowsy
- Drunk Driving
- Distracted Driving
- Unmaintained roads
- Roadway construction
Semi-Truck Accidents
A semi-truck accident is usually categorized as an auto accident. Although both are very similar, semi-trucks are very different from regular passenger vehicle accidents. Several differences include the size and weight of the vehicle, long work hours required by the drivers, and more. In your case, a wrongful death lawyer will analyze the following factors to investigate the cause of the accident:
- Speed of the truck
- Driver error or carelessness
- Mechanical issues
- Irregular maintenance
- Oversized load
- Driving under the influence of drugs or alcohol
Pedestrian & Bicycle Accidents
Pedestrians and bicyclists do not have the same protection as vehicles provide, and are therefore often fatally injured when struck. Even if a driver slightly collides with a pedestrian or bicyclists, that collision often can result in life-threatening injuries. In 2020, there were 6,205 pedestrians killed in motor vehicle accidents. Bicycle fatalities also increased by 5% during the pandemic to 846 fatalities.
Distracted driving is one of the most common causes of pedestrian and bicycle accidents. Sometimes, the city and/or county may be liable in situations where the driver may not have seen the pedestrian due to lack of visible walkways or bicycle roadways.
Medical Malpractice
Medical malpractice occurs when a doctor or health care profession fails to provide a high level of care. Medical malpractice involves negligence and medical error.
Here are some common examples of fatal medical errors.
- Misdiagnosis
- Delayed treatment
- Wrong treatment
- Lack of consent
- Defective medical device
- Hospital negligence
- Birth Injuries
- Pharmaceutical errors
- Harmful patient conditions
Although we are still living in a pandemic, it is important to emphasize that the legal standard of medicine still has not changed. As a patient, you are still entitled to the same quality of care you received before the pandemic. You can hold any licensed medical practitioner accountable for medical malpractice, not just doctors.
Work Accidents
Although the Occupational Safety and Health Administration (OSHA) has laws in place to protect employees in the workplace, employees are still subject to dangerous working conditions and negligent actions. According to OSHA over 5,000 workers died on the job in 2019. The most common work-related accident that results in an employee’s death include:
- Falls, slips, and trips
- Exposure to harmful substances
- Transportation accidents
- Manufacturing and/or machinery accidents
- Being struck by an object
Defective Products
A defective product is defined as a product that has been ineffectively designed, causing safety issues to its users. Some of the most common examples of defective products are:
- Drugs
- Vehicles and parts
- Medical devices
- Children’s toys
- Food items
Manufacturers are responsible for providing safe and effective items to the public when they are sold. If the product causes injury or death to a user, the manufacturer can be held liable for the injuries associated with the product.
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