Usually, after receiving an injury due to the negligence of another person, the victim will file a claim to receive compensation to pay for their medical treatment. Apart from getting medical expenses covered, a personal injury lawsuit can also teach a lesson to the individual to blame for the incident, even if their actions were not intentional.
However, there are personal injury cases that extend far past the need for stitches, surgeries, hospital stays, medications, or even psychological therapy, some of which instead require a burial and funeral.
Facts About Wrongful Death
1. About 90,000 people die each year due to medical malpractice.
Medical malpractice due to the carelessness, lack of expertise, or intentional inappropriate action of a medical professional alone can leave thousands lifeless each year in the United States.
These cases may involve abuse of anesthesia, prescribing the wrong medication or the wrong dosage of such, performing surgery incorrectly, giving a wrong diagnosis, mishandling a newborn after birth, providing improper care after a procedure, and so on.
2. In 2005, there were 19,656 slip-and-fall fatalities.
Many may consider slip and falls to be inevitable. However, homes, commercial buildings, and the exterior of properties may pose specific hazards that could have otherwise been avoided.
Slippery stairs, a lifted sidewalk, poorly-lit pathways, stairways without rails, and lack of or non-visible caution signs may result in a fatality, and thus, may be considered wrongful death.
3. Workplace mishaps cause many wrongful deaths
Workplace accidents can sometimes lead to tragic, wrongful deaths. While some jobs are inherently more dangerous, other factors like faulty equipment, risky tasks, or poorly maintained work environments can increase the risk. No matter the cause, these kinds of accidents can happen in any workplace, and it's important to ensure safety for everyone.
4. Most states only allow the estate to file a wrongful death lawsuit one to three years after the death of a loved one.
Two of the big questions that arise in personal injury cases include, “Who is legally able to file a lawsuit on the deceased victim’s behalf?” and “How long are they able to file a lawsuit?”
Although wrongful death leaves the victim unable to get legal help on their own, the estate of the deceased individual is able to resort to filing a lawsuit if they wish. This might include family members such as children, a husband or wife, or even a domestic partner.
The statutes for filing a wrongful death lawsuit vary. While murder usually doesn’t have a statute, most states only allow one to three years to file a lawsuit for wrongful death. Some statute extensions may exist in certain cases of wrongful death, like, for instance, if the suspect tried to hide the body of their deceased victim.
Conclusion
Even though a victim in a wrongful death case is no longer living, legal action is still vital. Via a wrongful death lawsuit, one may be able to obtain compensation for pain and suffering, medical bills, burial, and funeral costs, and the like on behalf of the deceased. Additionally, filing a wrongful death lawsuit can ensure that the suspect learns their lesson.
