5 Types of Wrongful Death Cases and Associated Damages
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Wrongful Death Lawyer
A wrongful death lawyer will share that wrongful death cases are incredibly stressful for families, especially considering that while contending with grief, they will also be navigating the complexities of taking legal action. These accidents can happen in several ways, and when another party can be held responsible, legal action may be necessary. If you are located in Indiana and need help, our friends at Ward & Ward Law Firm understand that taking this step may seem overwhelming. Still, when the loss of a loved one was due to another party's negligence and damages resulted, the victim's families can seek compensation for their losses. The following outlines, common types of wrongful death cases and the damages that may be available:
- Medical Malpractice
When a healthcare provider's negligence results in a patient's death, it's considered medical malpractice. This can range from surgical errors to misdiagnosis or incorrect medication dosages. These cases can be highly complex, and an expert witness may be necessary to help prove that the provider's care provided to the patient fell below the standard of care. Damages Available: Families may be able to receive compensation for medical expenses, loss of the deceased's earnings, funeral and burial costs, and potentially non-economic damages for the pain and suffering endured by the deceased before death.
- Vehicular Accidents
One of the most common types of personal injury and wrongful death cases is motor vehicle accidents. Vehicular accidents caused by negligent behaviors like drunk driving, distracted driving, and speeding may result in wrongful deaths. Damages Available: Compensation for motor vehicle accidents can cover the pain and suffering of the deceased before death, loss of future earnings, loss of companionship, and in some instances, punitive damages to penalize negligent parties.
- Workplace Accidents
Workplace accidents in construction, mining, and manufacturing industries can lead to wrongful death lawsuits if employer negligence or recklessness is proven. Damages Available: These often include lost future earnings and benefits, costs of replacement services necessary to replace the deceased's contributions and loss of parental guidance for surviving minor children.
- Criminal Activity
Criminal activities, including violent acts like assault or murder, can result in wrongful death lawsuits. While criminal courts dispense punishments, civil courts can compensate the victim's family. Damages Available: Often substantial, they can encompass economic and non-economic damages and punitive damages intended to serve as a deterrent to the perpetrator and others.
- Product Liability
Manufacturers or distributors can face wrongful death lawsuits if a defective or dangerous product causes death. These can involve anything from faulty vehicle parts to unsafe pharmaceutical drugs. Damages Available: They can include compensation for medical expenses incurred due to the defective product, lost wages, funeral costs, and potentially punitive damages if the manufacturer knowingly sold a dangerous product. Wrongful death cases span a range of scenarios, each providing certain damages to ease the financial burdens and emotional distress of surviving family members. Although no monetary amount can adequately compensate for the loss of a loved one, understanding these potential damages can guide victims' families as they navigate their path toward seeking justice and financial relief.