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Are There Different Types of Wrongful Death Lawsuits?

Losing a loved one is never easy. If that death occurs due to someone else’s negligence or willful misconduct, it’s often even more difficult for survivors to deal with.

Are you aware that you may be able to file a wrongful death lawsuit? Contact Fielding Law to request your free case evaluation and learn more about how we can help.

What Is a Wrongful Death Lawsuit?

Let’s say that Bob passed away due to an injury sustained in some kind of accident. If Bob had lived, would he have been able to pursue a personal injury claim? If the answer is yes, qualifying family members can potentially initiate a wrongful death lawsuit.

To pursue a personal injury claim, Bob would have needed to prove that his injury was a result of someone else’s negligence. You’ll need to do the same.

What Is Negligence?

You’ll need to prove that someone — we’ll call him Joe — was negligent. Legally, that means that Joe didn’t take reasonable care to avoid harming someone else. To show that Joe was negligent, you must prove each of these elements:

  • Joe owed a duty of care: In driving, for example, Joe should take reasonable care to drive safely to avoid causing an accident.
  • Joe breached his duty of care: Joe failed to uphold his duty of care; for instance, he was speeding or distracted and caused an auto accident.
  • Joe’s breach caused injuries: The car accident Joe caused resulted in others being injured.
  • Joe’s breach resulted in damages: In a wrongful death case, these damages are the victim’s injuries and death. Family members may also be able to obtain compensation for the repercussions of their loss.

You may be able to obtain compensation for more than one kind of damages. Ask your attorney from Fielding Law to determine your eligibility.

Is There More Than One Kind of Wrongful Death Lawsuit?

Many accidents can lead to injuries and personal injury claims. Similarly, there are several kinds of wrongful death lawsuits. We’ll list a few.

Each state has laws that govern wrongful death claims. These laws specify how these claims should be handled, along with who is eligible to pursue them. You’ll benefit from hiring an attorney with knowledge and experience handling wrongful death claims in a specific state.

Defective Products

Manufacturers have a duty to ensure that the goods they produce are safe for consumer use. These products can include automobile parts, medications, food items, and toys, along with many others.

If a production defect causes harm to those using these items and death occurs because of it, you may be able to obtain compensation.

Dog Attacks

Unfortunately, dogs and other animals sometimes attack humans. Vicious attacks or complications from injuries can lead to death.

Medical Malpractice

Licensed medical personnel is required to uphold high standards when providing care to their patients. Those who don’t can easily cause injury and subsequent death. Examples of medical malpractice include:

  • Misdiagnosis
  • Surgical errors
  • Prescribing incorrect medications
  • Disregarding a patient’s medical history
  • Improper treatments for a patient’s condition
  • Birth injuries
  • Anesthesia errors

Doctors aren’t the only medical personnel who can be guilty of medical malpractice. Other potentially liable parties include:

  • Nurses
  • Nurse practitioners
  • Physician’s assistants
  • Hospitals

These cases often require an extensive investigation. Fielding Law can help.

Motor Vehicle Accident

Motor vehicle accidents happen across the U.S. daily, often causing serious or fatal injuries. When the responsible driver is an individual operating his or her own personal vehicle, these cases are somewhat straightforward. However, others can become complicated, including those involving:

  • A semi-truck
  • Other commercial vehicles
  • Government vehicles
  • Accidents caused by an improperly maintained road

When a commercial vehicle or semi-truck causes an accident, there are several parties who are potentially liable for paying damages. Government involvement has accompanying strict rules and requirements, along with shorter timelines for filing a claim. These vary by state, and you’ll lose your opportunity to obtain compensation if you miss the deadline.

Contact Fielding Law soon after a vehicle accident and resulting death to ensure that you meet filing deadlines.

Nursing Home Abuse

Abuse doesn’t necessarily mean a physical attack. Nursing home abuse also includes caregivers neglecting patients in some way. Examples of nursing home abuse are:

  • Missed meals or medications
  • Ignoring bedsores or hygiene
  • Physical or sexual attacks
  • Failing to treat illnesses properly
  • Failing to provide other kinds of necessary assistance

If you suspect that nursing home abuse led to the death of your loved one, contact Fielding Law.

Pedestrian or Bicycle Accident

Pedestrians and cyclists have something in common: they have little or no protection if a car or other vehicle hits them. Their injuries are often extremely serious or even fatal.

Premises Liability

Property owners and managers, along with store or company management, must maintain a safe environment for their guests, customers, and employees. Still, accidents can happen. If those accidents and a resulting death happen due to negligence, you might have grounds to file a wrongful death lawsuit.

Workplace Accident

Workers’ compensation insurance should cover certain expenses resulting from illnesses or injuries sustained while an employee is at work. However, certain circumstances can allow you to file a wrongful death lawsuit as well. Ask your attorney from Fielding Law if your loved one’s death qualifies.

Who Can Pursue a Wrongful Death Lawsuit?

No federal law exists that specifies who can pursue wrongful death claims. Each state has individual laws, and these vary. Typically, you may be eligible if you are the victim’s:

  • Spouse
  • Parent or step-parent
  • Sibling
  • Child or step-child

It’s crucial to contact a knowledgeable attorney to see if your relationship to the deceased qualifies in your state.

In addition to a wrongful death lawsuit, eligible persons may also be able to file a survival action. This claim allows compensation for specific damages resulting from an accident if the victim didn’t pass away immediately afterward.

How Can a Wrongful Death Attorney Help You?

Grieving family members often aren’t familiar with the legal requirements involved in filing a wrongful death lawsuit. These cases need resources and specific knowledge to be successful.

When you hire Fielding Law, we will:

  • Provide information and legal advice
  • Thoroughly investigate the accident and cause of death
  • Gather evidence to support your claim
  • Prepare and file related paperwork
  • Serve as your spokesperson with defendants’ insurance companies and other representatives
  • Negotiate a favorable settlement offer or take your case to trial
  • Use all of our extensive resources, knowledge, and experience on your behalf, always working in your best interests

We at Fielding Law know you’re grieving the loss of your loved one. We’ll handle your wrongful death lawsuit for you.

Why Should You Select Fielding Law?

You need an attorney who understands both the sorrow and frustration you’re experiencing and how to get justice for Bob’s death. Fielding Law will treat you with compassionate respect, and we know how to get favorable results for our clients. We focus on personal injury and wrongful death cases, so we have competent experience in handling them.

When you select Fielding Law to represent you, we’ll give you personal attention. We’re a big firm with all the resources and power that brings to the table, but you’ll always have direct access to an attorney. Best of all, you won’t owe any fees unless you win. Contact us today for your free case evaluation. You can call us 24/7 at (877) 880-4090, reach out via live chat, or submit our online contact form.