To prevail with a wrongful death lawsuit, the plaintiff’s estate must prove that the death was caused by the defendant’s carelessness, neglect, or both. Some wrongful death types are well known, such as medical malpractice and accidents, while other types are less common.
Surviving family can file a wrongful death suit on behalf of the deceased. A Las Vegas wrongful death attorney can help determine if a lawsuit is justified.
Negligent Actions
Accidents are the most common types of wrongful death cases, particularly if the defendant was under the influence at the time of the accident. The Centers for Disease Control and Prevention has said that more than 130,000 people die every year as a result of an unintended death during an accident. This covers a wide range of accident types, including car accidents, pedestrian fatalities, drowning, and slip and fall accidents.
Animal Attacks
When an animal attacks and kills a person, the animal’s caretaker can be prosecuted in a wrongful death case. An attorney can help establish negligence in the way the animal was handled.
Assault
When the deceased was a victim of a fatal assault, a wrongful death lawsuit may be filed in civil court. The wrongful death lawsuit is different than the murder charge being prosecuted in criminal court. It is possible that a defendant may be found innocent in criminal court, but be liable for having caused the death in civil court. While a defendant can avoid serving time in prison, they can be financially liable for the death.
Construction Accident
Construction sites are dangerous because of the unfinished state of each project. Companies responsible for managing construction sites are required to meet an extensive list of requirements to minimize the risk of injury and death on the site.
Defective Product
If a product malfunctions and causes someone to die, it may result in a wrongful death lawsuit. Defective products may be everyday items, such as lawnmowers and appliances, or specialized equipment, such as medical devices.
Medical Malpractice
Perhaps the most often discussed type of wrongful death type, medical malpractice can be one of the most difficult to prove. Death is always a possible outcome for surgeries and medication, depending on each individual and their body’s reaction to the treatment.
To determine if a death qualifies for legal action, consult a Las Vegas wrongful death attorney.
