According to prominent legal reference source Duhaime.org, wrongful death suits are filed by the entitled legal survivors of an individual who has died due to the negligence or wrongdoing of another. The suit aims to compensate the victim’s surviving family and/or spouse for the death, and usually includes some type of compensation associated with the survivors’ suffering, medical expenses incurred before death, mental anguish and, in some cases, the future earning potential of the victim.
What are the Most Common Suits Filed?
While wrongful death can encompass a wide variety of circumstances and events, the following list delineates the most common suits filed in the United States.
- Medical Malpractice – Though it is most certainly the intent of every honest and qualified medical professional to provide the best care possible to each and every patient, thousands of individuals suffer injury or die every year due to an incorrect diagnosis, neglect to treat a condition or illness properly, errors associated with prescription drugs and other mistakes that occur within a medical facility.
- Defective Products – Defective products, including cars, trucks and ATVs, are responsible for thousands of deaths annually. When a company becomes aware of a defect or potentiality for a defect in one of its products and neglects to inform consumers, victims and their families may be entitled to compensation for medical bills, pain and suffering, and lost wages of the deceased victim.
- Defective Drugs – When a pharmaceutical company fails to notify the FDA and consumers of any potential defects of a particular drug, that drug manufacturer may be held liable for the death of anyone who has used it and suffered from serious side effects not mentioned in the drug’s labeling inserts. Even when a drug receives approval from the FDA, solid cases may hold up in court, resulting in the compensation of the deceased victim’s survivors or representative.
- Exposure to Toxic Substances – Individuals who work in certain plant environments and manufacturing facilities across the country may be exposed to toxic chemicals and other substances on a daily basis. Also called industrial exposure, it can lead to a variety of major health issues and, in serious cases, even death. Symptoms of toxic exposure include respiratory problems, loss of hearing in one or both ears and different forms of cancer. The employer of the victim may be sued for wrongful death and forced to compensate the family and other loved ones following trial and conviction.
- Public Transportation Accidents – Accidents that occur on public buses, subways, ferries and trains have become more common over the past decade, despite various regulations and safety improvements implemented throughout the realm of public transit. The cause of the accident itself may vary, but the most frequently cited are operator error and defective equipment.
The sudden death of a loved one results in a seemingly limitless string of emotional torment, including shock, denial, frustration, anger and grief. Though it is undeniably difficult to endure the additional stress of filing a wrongful death suit amidst this onslaught of horrible feelings, the families of deceased victims are strongly encouraged to pursue such a case in order to not only acquire financial compensation, but for justice and closure as well.
If you have lost a loved one and believe that it is a direct result of the negligence of another person, you may have a wrongful death case. Salvi, Schostok & Pritchard, P.C. Law Offices is a law firm in Chicago, Illinois that specializes in wrongful death cases. For more information about wrongful death and why it is necessary to seek legal representation, visit the website at www.SalviLaw.com.