3 different types of wrongful death cases

Death due to a third-party’s negligence can have a profound and devastating impact, leaving loved ones struggling to adjust to the new reality of profound loss, emotional turmoil and financial instability. While there are legal ways of seeking recourse, nothing can fully compensate for the irreplaceable void left by the absence of a loved one. Yet, seeking compensation may serve as a way to maintain financial stability in the wake of a terrible loss.

Wrongful death may occur due to a variety of circumstances. Some of the most common wrongful death scenarios include the following.

Defective products

In cases where a defective product causes a person’s death such as a malfunctioning car part or a hazardous household appliance, the manufacturer, distributor or retailer may be held liable for the wrongful death. These cases often involve proving that the product was unreasonably dangerous or poorly designed and that this defect directly contributed to the fatal accident.

Pedestrian accidents

When pedestrians are killed in accidents due to the negligence of drivers, such as speeding, distracted driving or failure to yield, it can result in wrongful death claims. These cases typically require demonstrating that the driver breached their duty of care to the pedestrian, directly causing the fatal collision. Factors such as traffic laws, witness testimony, and evidence from the scene are crucial in determining liability.

Medical malpractice

Death under the care of medical professionals due to negligence or incompetence can lead to wrongful death claims. These cases may involve errors such as misdiagnosis, surgical mistakes, medication errors, or failure to properly monitor a patient’s condition. Proving medical malpractice in a wrongful death case requires showing that the healthcare provider deviated from the accepted standard of care and that this deviation directly resulted in the patient’s death.

If you’re facing the aftermath of a wrongful death, seeking legal guidance is essential. It can provide invaluable support in understanding the nuances of your case, safeguarding your rights and pursuing fair compensation for your loss.

FindLaw Network

View All
Practice areas

FAQ