The loss of a beloved family member is one of the most difficult things a person can go through. The tragedy can be even more difficult to deal with when it is the result of another party’s actions or negligence. Grieving in these circumstances is incredibly difficult. The cruelty of losing someone in such a sudden way can seem hard to bear.
In cases where the death of your loved one was the result of another person’s negligence or wrongdoing, you may be able to file a wrongful death lawsuit. Winning a wrongful death lawsuit can bring emotional closure to you and your family in the wake of a deep tragedy. What’s more, there are other considerations when a family member dies. Funeral costs can be high, and if the person who died was a primary earner in the family, his or her death can throw the family’s financial future into questions.
Wrongful death lawsuits can offer financial compensation to your family. In times of death, this compensation is sometimes greatly needed.
Defining Wrongful Death
Not every death is a wrongful death. Legally, a wrongful death is when somebody dies due to the misconduct or negligence of another party. There are many circumstances in which this can occur. These include:
- Car accidents. If a car had defective parts that led to a death, the automobile company may be responsible for providing compensation. If a commercial truck or taxi driver causes a collision in which somebody dies, the employer may be held accountable.
- Emergency room medical malpractice. When an injured person is brought into the emergency room, his or her life can depend on a medical professional taking the appropriate action immediately. Sometimes, a doctor may fail to do so, not adhering to the agreed upon standard of care for a person in the patient’s condition. If misdiagnosis, premature release, surgical mistakes, or the wrong prescription leads a patient to die, this may be an instance of wrongful death.
- Anesthesia malpractice. Administering anesthesia can go wrong if the anesthesiologist fails to properly perform his or her job. A fatal dose of anesthetic can be grounds for a wrongful death case.
- Unsafe construction. Unsafe building construction, either in a residence or workplace, can cause fatal accidents.
- Dangerous product design. Dangerous machinery must be designed to particular codes of safety. If a company fails to do so and their product, such as a vehicle or power tool, causes death, they may be liable for the financial damages.
In wrongful death cases, there’s never a guarantee of the amount of money you may be eligible for. Recoverable damages may include the following:
- Loss of expected future earnings
- Loss of retirement benefits or pension
- Medical bills
- Funeral expenses
- Pain and suffering
The law protects people who have lost a loved one due to the wrongful acts or negligence of another party. You are not alone, and don’t need to suffer in silence. The first consultation at Wilson Kehoe Winingham is free. Contact us today for a free consultation and to learn about your legal rights.
Call today for a free case evaluation – Wrongful Death Lawyer Indianapolis 317.920.6400 | 800.525.8028