Dealing with the loss of a loved one can be a traumatic experience. Accepting this reality is far more challenging when the death results from another party’s negligence. In such instances, the legal system in the United States provides the right to file a wrongful death lawsuit against the deceased’s family members. Your eligibility to file for a wrongful death claim may vary from state to state. However, the beneficiary is entitled to compensation for their economic and non-economic damages.

Wrongful deaths account for thousands of deaths every year. Whether the cause is an accident or medical malpractice, the results can be devastating for the deceased’s family members. If your family member has died due to another person’s or party’s negligence or breach of duty, it’s best to work with an experienced attorney to get the compensation you deserve. However, you must have a clear understanding of some of the common causes that can lead to wrongful deaths.

In what follows, we take a closer look at some of the most common causes of wrongful death cases and insight into measures that can help reduce the number of claims.

Wrongful Death – An Overview

A wrongful death is a result of the failure of a person or entity to fulfill its legal duty, which results in the death of an individual.

In such an instance, the court allows the surviving family members the right to file a wrongful death lawsuit. However, the legal system requires the plaintiff’s surviving family members to prove the following elements.

Negligence

Proof that an individual or organization was negligent or intentionally committed a wrongful act resulting in death. An example could be the negligence of medical staff in an emergency room who injected the incorrect medicine into the patient, which resulted in death.  

Breach of Duty

When a person or organization fails to perform an owed duty to the victim, such as drivers on the road must follow the speed limit and obey traffic laws. A breach of duty can result in an accident that may prove fatal for another person.

Damages

If the defendant’s actions led to the death of a person, it happens in case of a gun shooting accident that leads to death.

If the surviving family members of the deceased can prove these elements, the court ensures they get compensation for their loss.

Common Causes of Wrongful Death Cases

Traffic Accidents

Traffic accidents are among the leading causes of wrongful deaths. With hundreds and thousands of cars crashing every day in the country, some of the accidents may be the driver’s fault; however, a vast majority of such accidents are caused by another driver’s negligence.

Whether the driver at fault was over-speeding, not paying attention to other vehicles on the road, or driving under the influence, road accidents often result in severe and even fatal injuries.

If the accident resulted from inappropriate road design, the plaintiff’s family members could file a claim against the concerned authorities.

Regardless of the actual cause of road accidents, some measures that can help reduce the number of wrongful death cases include the following.

• More stringent driver’s license eligibility criteria,
• Stricter laws related to DUI,
• Appropriate investment in road design and infrastructure to provide adequate support to drivers and pedestrians.

Medical Malpractice

Medical malpractice is one of the leading causes of wrongful deaths in the United States. The family members of medical malpractice victims frequently file a legal claim for negligent medical care.

Negligent healthcare accounts for thousands of preventable deaths each year. Therefore, healthcare facilities must take appropriate measures to reduce the incidence of such deaths. Some of the measures include

• Recruitment of professional healthcare practitioners,
• Extensive on-job training to upgrade their skills,
• Constant performance evaluation for healthcare practitioners based on surveys from patients,
• Key focus on providing equitable and quality medical care to all patients.

Workplace Accidents

Each year, thousands of individuals die as a result of workplace-related injuries that are caused by the negligence of the employer. Some examples of workplace accidents include

• Slips and falls,
• Fires and explosions, and
• Exposure to dangerous substances. 

Since workplace accidents are a leading cause of wrongful deaths, organizations and law enforcement agencies must take measures to reduce such accidents. Some of the measures may include.

• Enforcement of appropriate employee safety and well-being regulations across all industries,
• Strict adherence of the organization to local and state regulations related to employee safety at the workplace,
• Increased checks by the concerned authorities about the adherence of the companies to safety measures, and
• Severe legal action against organizations failing to adhere to state safety laws.

Conclusion

The number of wrongful death claims in the United States is rising. It is, therefore, critical to understand the causes of wrongful death and then take measures to address these underlying issues to reduce the frequency of negligent deaths.