Losing a loved one can be quite a heartbreaking tragedy. If the death was caused by someone else’s negligence or carelessness, it could be even more devastating. Many who have been part of such a situation may be wondering if you have any legal recourse to gain justice for what happened. In most cases, the answer is yes.
Wrongful death claims are legal claims brought against someone who has caused the death of another person, usually through negligence or intent. Families of the deceased may file these claims in order to recover damages such as medical and funeral expenses, lost wages, and pain and suffering.
Various types of wrongful death claims can be filed in court. However, there are six common types of claims that are most often filed. These include:
1) Car Accidents
If a loved one has been killed in a vehicle accident that was caused by another driver, you can file a wrongful death claim against that driver. In order to do so, you must show that the driver was negligent in some way and that their negligence led to the death of your loved one. A wrongful death attorney is recommended for this.
2) Medical Malpractice
If a doctor or other medical professional has caused the death of your loved one through negligence or malpractice, you may have a wrongful death claim against them. This is a rather complex area of law, and a solid understanding of it is needed to prove your case. Consider hiring a wrongful death attorney who specializes in medical malpractice cases.
3) Defective Items
If your loved one was killed because of a defective item, you might have a wrongful death claim against the company that manufactured the item. This could be anything from a defective car part to a dangerous toy. To win your case, you will need to show that the company was aware of the defect and did not take steps to correct it.
4) Workplace Accidents
If your loved one died in a workplace accident, you might have a claim against their employer. Employers are required to have and provide a safe work environment for their employees. Upon failure to do so, they can be held liable for resulting accidents. They can also be proven negligent if they don’t provide proper safety equipment.
5) Semi-truck Collisions
If your loved one had died in a collision with a semi-truck, you might have a claim against the truck driver, along with the trucking company and the company that owns the truck. All three parties can be held liable for the collision if any of them were negligent. If you believe that either party was at fault in the accident, you may have a wrongful death claim.
6) Pedestrian Accidents
If your loved one was killed while walking on the sidewalk or crossing the street, you might have a claim against the at-fault driver. Drivers are required to yield to pedestrians, and if they fail to do just that, they may be held liable for any resulting accidents. If you believe that the driver was at fault in the accident, you may have a wrongful death claim.
Conclusion
Many different types of wrongful death claims can be filed in court. It is important to consult with a reliable and experienced lawyer to determine which type of claim is right for your situation and how to handle the process.
Looking for a wrongful death attorney in Birmingham, AL? The lawyers of McCallum, Hoaglund & McCallum, LLP bring more than 75 years of experience to the practice of law, passionately seeking justice for our clients. Contact us today!