A person can be awarded compensation for wrongful death if they or their family member dies due to the negligence of another party. Several types of criminal death cases include intentional killing, medical malpractice, and accidents resulting from drugs or alcohol. There are also cases arising from falls from heights.
Falls From a Height
If you or a loved one has fallen from a height and suffered injury or loss, you may have grounds to file a claim for wrongful death. Long Island law allows for civil recovery for falls caused by negligence. A lawyer like the Las Vegas wrongful death lawyer will be able to ensure your losses and injuries are correctly accounted for.
Falls from a height are a frequent cause of death and severe injury. However, many of these accidents can be avoided by following safety rules. In Ohio, for example, building codes require that windows have standard safety measures to prevent falls. Also, buildings must have a way to escape in an emergency.
Intentional Killing
A person who kills another person may be sued for wrongful death. Even if the defendant didn’t intend to kill the person, the end could still be considered unlawful. There are many reasons why a death can be regarded as wrongful, including medical negligence.
A wrongful death can result from many circumstances, including negligence or intentional action. For example, if a robber intentionally shoots someone, it qualifies as a wrongful death. This lawsuit can result in a significant settlement for the surviving family members. However, this lawsuit is separate from murder, which must be tried in a different court.
In California, anyone who negligently causes the death of another person can be sued for wrongful death. A public prosecutor files these cases on behalf of “the people” and aims to punish the wrongdoer. Fines and jail time are both possible punishments. In some cases, a defendant may also face community service.
Medical Malpractice
The deceased’s family members bring lawsuits for wrongful death. In these cases, the plaintiff seeks damages that span the period from when the patient was injured until the end. Such injuries can include economic hardships, such as high medical bills and funeral costs, and non-economic damages, such as emotional pain and suffering.
The statute of limitations, however, might impose a cap on the number of damages demanded if the victim was a minor. Typically, wrongful death claims have a one-and-a-half-year statute of limitations following the injury. However, depending on the state, the statute of limitations can be shorter or longer than this period.
Injuries Caused By Drugs Or Alcohol
Injuries caused by drugs or alcohol are often devastating, and the victim’s family is entitled to compensation for the loss of their loved one. Sadly, one person dies due to impaired driving every 50 minutes in the United States. Luckily, wrongful death lawsuits can help families recover compensation.
To win a wrongful death case, the plaintiff must demonstrate that the defendant’s negligence caused the death or injury. Fortunately, these cases are frequently challenging to win, and plaintiffs often require the help of a knowledgeable wrongful death lawyer. Statistically, there were over 5,333 work-related deaths in the United States in 2019. Unfortunately, this number is steadily rising, and the death of a loved one leaves a family replete with uncertainty.
Although the victim’s family can file a claim against a drug or alcohol rehabilitation facility, they need to gather evidence to establish that the facility was at fault. This means gathering photographic evidence of the facilities, including signs of poor hygiene, contaminated food storage, or illicit drugs on the premises. Visiting family members or clergy can also take pictures of the facilities to demonstrate negligence and wrongful conduct.
Intentional Poisoning
You have a legal claim if you believe your loved one died from intentional poisoning. Many states have laws governing the tort of wrongful death. If someone dies due to the negligence of another, the surviving spouse or legal representative of the deceased’s estate can bring a wrongful death lawsuit.
Poisoning can occur in many ways. First, it can occur due to negligence by someone else’s actions or product. For example, the hotel owner may be held responsible if a guest falls ill from lead paint or carbon monoxide. Or, the owner of a hotel may be responsible for not providing a working carbon monoxide detector or properly removing lead-covered antique drywall. While the law governing these cases is complex, you still have a legal claim.
Regardless of the nature of the poisoning, contacting a Poison Control Center is crucial if you believe someone has accidentally poisoned you. Although most cases can be monitored in the comfort of your home, the Poison Control Center will advise you on the safest treatment options. The best action is to call an ambulance if the victim is bleeding, unconscious, or to foam at the mouth.
