One of the most excruciating experiences one can go through is losing a loved one. It can lead to depression, mental health issues, and financial difficulty, especially if the person who has passed away was the breadwinner.
In every death, a post-mortem is conducted to identify the cause of death. This is an essential procedure as it helps to know if the person died of natural causes such as old age, disease, or if death was due to negligence of someone else and could be avoided.
When one passes away to recklessness from another individual, it is known as wrongful death. Depending on the situation, you can claim compensation and sue the entity or person responsible for the death of your loved one. In this post, we will have a look at how you can get compensation for wrongful death. You can visit https://www.powers-santola.com to learn more.
What constitutes a wrongful death claim.
A wrongful death claim happens when the defendant is accused of causing the death of an individual either through negligence or an intentional act. When this happens, people close to the deceased can file for a wrongful death claim.
Different states have different laws of what constitutes a wrongful death, but generally, a representative represents the family members of the deceased person. Some of the ways that a wrongful death claim can arise are through:
Unfortunately, there are situations when wrongful death can occur due to the negligence of our medical practitioners. This can be done by a nurse, doctor, physician, or a fault in the hospital process.
Some of the most common medical malpractice cases include misdiagnosis of a medical condition, botched surgery, not informing patients of the risk associated with treatment, and medication error.
Health practitioners do their best to serve patients. Their job is very sensitive and requires much attention to detail. Most malpractice issues occur due to fatigue and not negligence and are not intentional.
You need to prove that the health care worker or facility did not act according to their medical practices as per the law and that the actions or the activities caused the death of your loved one. This can be done by going through the medical review with your attorney to build a case and file for a lawsuit.
Accidents from a motor vehicle.
Motor vehicle accidents are another cause of death worldwide. Many wrongful deaths occur due to motor vehicle accidents. Careless driving and drunk driving are the leading causes of accidents.
This can happen when drivers: don’t obey road signs, exceed speed limits, don’t yield to oncoming traffic, and drive under the influence of drugs or alcohol. Accidents can also be a result of faulty maintenance, brakes, and tired drivers. Getting an attorney will help you investigate the cause of the accident and the conditions that caused the accident.
Different types of work have varying levels of risk associated with them. People working in an office setting are less likely to be involved in an accident that can cause death. However, this can still happen as the probability is still there.
Construction and manufacturing workers have a higher risk of getting injured, while injuries can become fatal. The employer’s responsibility is to ensure that they provide the necessary personal protective equipment to help employees protect themselves from workplace hazards.
Who is entitled to wrongful death benefits?
Eligible persons entitled to the benefits include a spouse, parents, children, and siblings of the deceased. Anyone directly depending on the deceased can benefit and be compensated, although priority is given to direct family members.
Losing a loved one can be a harrowing experience, especially once you realize it was due to negligence. No amount of compensation can bring back a loved one, but it can help you have a smooth transition to your new life.