A wrongful death is a death that is caused by another party’s negligence, recklessness, or intentional actions. Wrongful death cases can leave friends and family members of the deceased heartbroken and unsure of what they should do.
If the death of your family member or friend was caused by the reckless actions of another you may be able to pursue damages for their loss under a wrongful death lawsuit. Wrongful death cases are complex as they die with an absolute loss of someone’s life as well as the incredibly strong emotions that come with that loss. This requires meticulous planning, attention to detail, as well as a thorough understanding of the law that surrounds a wrongful death case.
As your Utah wrongful death lawyers, we understand the tremendous pain that losing a loved one can cause. You do not have to suffer alone, and you should be aware of the steps that you can take in order to get restitution. In this article we will be diving into the most common causes of wrongful deaths and providing guidance on how you can seek justice for this wrongdoing.
Common Causes of Wrongful Deaths
Automobile Accidents
Negligent Driving
Negligent driving refers to driving while taking any actions that are considered reckless behind the wheel. These actions include excessive speeding, distracted driving (texting, talking on the phone, etc.), and a general failure to obey traffic laws (running a red light, swerving in between lanes, etc). Negligent driving accounts for the majority of car accidents in the U.S as it is the direct result of failing to drive safely on the road, and is unfortunately one of the most common causes of deaths in car accidents.
Driving Under the Influence (DUI)
Nearly everyone understands how serious drinking and driving is, the dangers are plastered over billboards and there are ads on TV nearly every day warning about its dangers; unfortunately, it still does not stop people from doing it. According to the National Highway Traffic Safety Administration, 13,524 people were killed in alcohol impaired traffic accidents in 2022. Drunk driving is a leading cause of wrongful death cases, and it causes the deaths of thousands of innocent people every year.
Defective Vehicles
One less common, but still fatal, cause of accidents can be due to a defective vehicle. If a vehicle has a design flaw or mechanical failure due to a lack of proper maintenance it can cause serious fatal crashes.
Medical Malpractice
Misdiagnosis or Delayed Diagnosis
A doctor’s duty is to provide accurate and professional healthcare to their clients; however, if a medical professional fails to diagnose a serious condition, it can lead to a preventable death. If a doctor missed a diagnosis, or delayed their diagnosis then they may be held liable for any wrongful death damages the family of the victim has suffered from.
Surgical Errors
Surgery is an inherently dangerous practice, and some surgeries may have a high mortality rate. If someone dies during this sort of surgery they knew the risks and bring them upon themselves. A death in surgery becomes a wrongful death when the surgeon makes a mistake during surgery. These mistakes can include operating on the wrong site or potentially leaving a surgical instrument inside of the body.
Medication Errors
Medication should always be prescribed promptly and appropriately for a person’s needs, but prescription medications can be dangerous if not taken properly. A doctor misprescribing medication or a pharmacist giving an incorrect dosage can be fatal, and they can be held liable for their errors.
Workplace Accidents
Construction Site Accidents
Construction zones are typically dangerous, but they can also be deadly. Work sites can be full of a variety of dangers from falling objects, unstable ground, malfunctioning equipment, and unsafe working conditions. These hazards can all be dangerous and potentially fatal.
Exposure to Hazardous Materials
If a person’s line of work exposes them to toxic substances like asbestos, long term exposure can lead to fatal illnesses. If an employer is knowingly exposing their employees to hazardous substances and not providing them with the proper equipment to deal with these hazards than they could be held liable for any damages if these illnesses become fatal.
Lack of Safety Training
In a workplace, proper safety training is critical for safety of all employees. If a workplace is especially hazardous, not receiving the proper training or having safety protocols in place can lead to fatal workplace incidents.
Product Liability
Defective Products
This refers to products that have been poorly designed, manufactured poorly, or improperly labeled. A faulty product can be dangerous as it may not serve its intended purpose or may break when you are attempting to use it. Faulty products can be dangerous and can even lead to fatal accidents.
Lack of Warnings
A product must always come equipped with proper safety warnings as well as detailed instructions on how the user can operate the product safely. If a product does not come with these warnings and the operation of the item results in death, then the creator may be found liable for the death of the victim.
Contaminated Food or Drugs
If a food product has not been properly maintained or has been tainted by outside contaminants it can result in food poisoning or serious illnesses like E-Coli which can be fatal.
Nursing Home Negligence
Neglect and Abuse
Unfortunately not all nursing homes have staff that properly take care of the tenants. A nursing home’s failure to provide a tenant with adequate care, including nutrition, hydration, and medical attention can result in death. In these cases a nursing home may be held liable for the damages incurred from this wrongful death.
Unsafe Facilities
If a nursing home or facility is poorly maintained it can cause fatal accidents.
Medical Malpractice
If a nurse or caretaker makes a mistake in administering a tenant’s medication then they may be held liable for a tenant’s wrongful death claim.
How to Seek Justice
Gather Evidence
In the event of a wrongful death, it is important to remember that evidence is key in building a strong case. Collecting evidence to prove that a death was wrongful can be difficult as you must establish a direct link from a party’s negligence to the wrongful death..
This evidence can come from a variety of sources, these sources being: medical records, accident reports, witness statements, and in some cases expert testimonies. Physical evidence is especially important in a wrongful death case as it can be tangible proof of how the accident occurred. This evidence can be a variety of things, from photos or videos at the scene of the accident, or in the case of a product liability death, the defective product itself.
Evidence is absolutely vital for a wrongful death claim, so be sure to preserve any and all documentation that is sent to you or any of your family members.
Seek Support
Losing a loved one is incredibly difficult and can completely alter the course of your life. You may have feelings of loneliness, anxiety, or depression and these are all normal feelings to have after a traumatic event, what is important to remember is that you do not have to suffer alone.
If you are suffering from bouts of depression, or if you just need to speak your mind to someone, consider reaching out to loved ones or seeking the help of a licensed therapist or psychiatrist. Another great resource in your ongoing mental health recovery can be the support of others. Support groups are a great way to be surrounded by people who have undergone a similar experience and can help you to speak your mind and feel less alone in these trying times.
Losing a loved one is incredibly painful, but you should not suffer in silence. These groups and people are here to help you and your family alleviate the pain you have and adjust to these tremendous changes in your life.
Consult with a Utah Wrongful Death Lawyer
A wrongful death claim can be incredibly difficult to handle on your own, which is why it can be very helpful to reach out to an experienced Utah wrongful death lawyer.
Your Utah wrongful death lawyer is here to help you alleviate the burden of a wrongful death claim. These attorneys will help to provide you with expert advice and will ensure that your case will continue as smoothly as possible. With your experienced wrongful death attorney hard at work on your case you will be able to focus on what is more important, your grief and your recovery.
Words can not express how truly painful the loss of a loved one can be, especially if that loss was due to another person’s negligence. If you or a loved one has suffered through a wrongful death, let the best wrongful death lawyers in Utah help with your case.
Here at LifeLaw Personal Injury our team of Utah wrongful death lawyers will help you through every step of the case, from gathering evidence to fighting an insurance company for the settlement that you deserve. If you or a loved one have lost someone you care for, give our attorneys a call today for a free consultation and to discuss what can be done for your case. Let LifeLaw fight for you.