Losing a loved one due to a preventable cause of death can leave you with a lot of questions about what could have been done differently to prevent the death. As these questions and concerns play in your mind, you may wonder if it’s okay to pursue compensation for your case or let it be. Many families affected by wrongful deaths never think it’s right for them to seek compensation, yet the law offers a pathway for legally seeking compensation for wrongful death cases.
Although no sum of money can fully compensate for the preventable passing of a loved one, sometimes seeking compensation feels like giving justice to the deceased. Below, we’ll look at four major instances when you should consider pursuing wrongful death compensation for a departed loved one.
If it occurred in a Workplace
When workers are injured on the job and eventually succumb to those injuries, employers are typically held responsible, especially if the accident occurred in high-risk industries such as manufacturing and construction. These cases often involve employer negligence, defective equipment, and a lack of safety regulations that lead to fatal injuries.
For you to win such a case, you’d need the support of volunteer witnesses who can prove there was employer negligence, defective equipment was used, or safety regulations were not enforced. You’ll also need the support of a local lawyer who specializes in the specific field, such as a West Palm Beach wrongful death lawyer, to handle your case. A good attorney will bring the expertise and skills needed to acquire the right evidence and use it effectively to prove the employer’s responsibility in the death.
Sometimes, wrongful death may appear to be natural, with frail links back to the employer. However, upon investigation, hidden details may be revealed, tying a few people or departments to the accident. For instance, an investigation may reveal that an emergency exit was locked during a fire accident, resulting in some workers being trapped and succumbing to the fire. That’s why it’s important to investigate workplace-related deaths and pursue compensation where possible.
When You Suspect Medical Malpractice
When medical practitioners fail to provide adequate standards of care, as required by the law, they can be guilty of medical malpractice if these errors cause serious injuries or fatality. As a surviving family member, you can file a wrongful death lawsuit to hold the health practitioners accountable and earn fair compensation.
Medical malpractices can sometimes be extremely difficult to prove, especially when the care administered was medically correct, only that it wasn’t administered as per prescription. For instance, a physician may be held responsible if a patient undergoes surgery and the physician delays administering treatment, leading to the patient developing complications. If it can be proven in a court of law that the delay in administering treatment directly contributed to the fatal outcome, then the physicians must compensate for the loss.
You’re Among the Witnesses
If you were present on the fateful day of an accident or incident that led to the death of a loved one, you can build a strong case to pursue compensation. As a primary witness, ensure you recount the day’s events and record them for your lawyers to use to build your case in court.
This scenario is mostly common in road accidents where a driver’s actions or misactions directly contributed to the injuries that caused the death of your loved one. However, you can also be a witness in medical malpractice cases, workplace injuries, and criminal cases if you happened to be present on the fateful day.
Since you shared the moment the events unfolded with the victim, you can write a clear statement for the police or record verifiable information you can present in court as evidence. Describe what the driver or perpetrators did or didn’t do that likely contributed to the injury situation and death. Ensure you capture as many details as possible to make it easier to prove your arguments in court.
When Death Occurred After Using Defective Products
If you lost a loved one after they used products you suspect to be defective, you can build a strong case against the manufacturers, distributors, and retailers for compensation. The most common defective products that cause fatal injuries leading to death include medical devices, household items, and pharmaceuticals.
A good case in point could be an instance where a loved one succumbed to injuries they could have survived because a medical device they were placed on malfunctioned. You need to prove that the victim’s death is directly tied to the products they used before death. You also need to show how the manufacturer, distributor, or retailer failed in their duties, exposing your loved one to a defective product that caused their death.
Wrongful death settlements can bring some level of relief to the family of the deceased, especially in instances where families had to settle huge medical bills left behind. The level of compensation will vary depending on how strong your evidence is, the nature of your case, and the damages suffered by your family. Always seek legal advice early from reputable law firms to enhance your chances of success.