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What Types of Negligence Are Grounds for a Wrongful Death Claim?

Published on Apr 15, 2021 at 6:40 pm in Wrongful Death.

Flowers at a graveyard

Other people’s negligent actions can sometimes lead to accidents that injure other people. In some situations, those injuries can lead to death. When that happens, their family and loved ones will want to file a wrongful death claim because their loved one was taken from them too soon. Before filing a claim, you’ll need to know which types of negligence constitute wrongful death.

When you have questions about what qualifies for a case, you could use the help of a wrongful death lawyer. At Golden Law Office, we can answer your questions and determine whether you have grounds to file against the negligent party. With our help, you’ll be able to recover the compensation you deserve to cover funeral and burial expenses, as well as other costs your loved one incurred before passing.

Let’s take a look at what types of negligence are grounds for a wrongful death claim so you can get justice and compensation for your loved one’s untimely death.

Types of Negligence

Wrongful death cases are reliant on proving that the at-fault party was negligent at the time of the accident that caused the death of your loved one. Your lawyer will have to prove that the responsible party was reckless, careless, or negligent in order to get you the compensation that you deserve for your loved one’s death.

There are specific situations where negligence in involved that warrant a wrongful death claim. Some of those situations are:

  • Car accidents. Negligent drivers cause collisions and end up injuring other people on the road. Sometimes those accidents can lead to death as well. When negligence is what caused the accident, like distracted driving or driving under the influence, then your deceased family member deserves justice for what wrongfully happened to them.
  • Truck accidents. Collisions between large trucks and regular sized vehicles are notoriously fatal for the passengers of the regular sized vehicles. Tractor trailers are up to 30 times larger and heavier than passenger vehicles, which is why truck accidents can be so debilitating and deadly. Even though truckers have to go through a lot of training and certification, they also get distracted or drive under the influence and cause serious crashes.
  • Motorcycle accidents. Motorcyclists are at a high risk of being killed if they get into a collision with a vehicle because they are exposed and vulnerable on their bikes. When the driver of a regular sized motor vehicle is negligent, they might not see a motorcyclist and end up crashing into them.
  • Medical mistakes. Doctors are highly trained and skilled, but they can also make mistakes. A doctor or another medical professional can be negligent and cause a patient’s death by misdiagnosing, missing a diagnosis, prescribing the wrong medication, operating on the wrong body part, leaving surgical tools in the body after operation, and many other ways. When a medical professional caused your loved one’s death through medical malpractice, you could file a wrongful death claim against them and possibly the hospital.
  • Nursing home abuse. Negligence in a nursing home can lead to the death of the resident. When your loved one is in a nursing home, it’s typically because they require expert daily care that they cannot provide themselves. If the staff at their facility neglects them, it could lead to a rapid decline in health and even their death.
  • Product liability. Companies sometimes put out products that are defective. When they do this, it’s considered negligence because they did not fully evaluate their product and ensure that it is safe to be distributed. There could be negligence on behalf of the manufacturer, producer, or the seller, depending on what caused the product to malfunction and lead to the death of your family member.
  • Premises liability. If a property owner doesn’t ensure that their premises is safe for visitors, they could be considered negligent when an accident happens that leads to the death of a visitor on their property.

Golden Law Office Will Represent You

When your loved one has passed away from someone else’s negligence, they deserve to be compensated for the damages that they incurred and the costs you had to pay for their funeral and burial. If the negligent action hadn’t occurred, your loved one would still be with you, so the responsible party needs to be held accountable for their actions that changed your family.

With the help of a wrongful death lawyer from Golden Law Office, you can feel confident in your case and know that we are fighting as hard as we can to get your loved one the justice they deserve for their untimely death. Reach out to our office today so that we can get started on recovering compensation for you.

Golden Law is a local, Kentucky Law Firm, attorneys/lawyers in Fayette County, Kentucky, working in the fields of personal injury, auto accidents, car and truck wrecks; medical malpractice: doctors, hospitals & nursing homes; senior living abuse: neglect, physical abuse, emotional abuse, dehydration, bedsores, catastrophic injuries, and broken bones. If you are considering a lawsuit, call us at 859.469.5000 for a free consultation. We are located at 771 Corporate Dr. Suite 800/ Lexington, Kentucky 40503. We handle cases all over the Commonwealth of Kentucky. We have represented and trained people in major insurance companies & major trucking companies. We have first hand experience and know the ‘inside of the insurance business’ … that’s a distinction that no other law firm can make. We’re Your Advocate. Dale Golden, Laraclay Parker.

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