Most Frequent Types of Wrongful Death Claims
When people make mistakes, the consequences may be deadly. Inattentive drivers, overworked doctors, and negligent pharmaceutical companies can cause tragedy with their errors and miscalculations. Wrongful death occurs when an individual’s negligence causes fatal injuries to one owed a duty of due care. Thus, everyone on the roadways owes other drivers a duty of due care to act reasonably not to endanger another’s life. A doctor owes their patients a duty to deliver health care responsibly, including self-care, so that no one suffers deadly injury when an overly fatigued doctor misdiagnoses a patient who dies of an overlooked fatal illness. And pharmaceutical companies owe medical providers and consumers a duty to ensure their products are safe. When they do not act reasonably to safeguard others to whom they are responsible, drivers, doctors, and companies may be liable for damages to survivors.
Maybe you do not feel like going through a legal procedure while you are in the mourning stage. We completely understand that, and that is one of the main reasons our help can make a difference in the outcome of your wrongful death claim. If you suffered the loss of a dear family member or someone you loved and you believe it was due to someone else’s negligence on the road, in a healthcare center, or when using/consuming a defective product; contact the attorneys at Fronzuto Law Group for legal assistance, a caring ear to listen to your unique situation, and the experience necessary to handle your case.
We have advised and represented numerous grieving families throughout New Jersey, helping to resolve their wrongful death cases in the best manner possible to close this chapter in their lives. Our lawyers at Fronzuto Law Group will analyze all of the circumstances surrounding the accident or incident to clarify the reasons for the passing of your loved one. We offer a free consultation and a cost-free review of your potential claim to discuss the potential successful recovery you and your family may be entitled to. Get in contact with one of our experienced lawyers online or give us a call at (973)-435-4551 today.
Common Types and Examples of Wrongful Death Cases
Car Accidents as a Leading Type of Wrongful Death Case
One of several typical wrongful death cases, the vehicle accident, results in death when someone speeds and hits another vehicle. Speeding drivers take the lives of others in their hands when they are unable to respond to the road conditions, including other drivers unaware that a speeder is coming. Drag racing, texting, and drunk driving are also sources of wrongful death. Distracted drivers, whether texting or scolding children in the backseat, cause the most significant number of accidents annually in New Jersey. Other accident sources include road construction and defects. Road construction with inadequate warning or accommodation for pedestrians can cause fatal accidents, just as defective road designs or maintenance can cause obstructions that lead to pedestrian, driver, or passenger deaths from car accidents.
Fatigued or Negligent Drivers in Fatal Truck Accidents
Truck accidents are also common, given that long and short-haul truckers populate the freeways and highways. Long, bulky semis that change lanes negligently or drive too fast can cause horrendous damage when they jackknife or plow into an unwary driver. Long haul drivers especially get tired and make mistakes or lose patience on the road. Drunk or high driving may affect a driver’s ability to respond to road conditions, making their truck a potential weapon when they hit a car. The likelihood of passenger vehicles suffering tremendous damage and the passengers’ fatal injuries increases with trucks and negligence. But mechanical problems and wide loads may also contribute to road hazards for other drivers when the truck driver is inattentive, reckless, or victim to a defective truck.
Motorcycle Accidents Causing Fatalities
Like truck accidents, motorcycle accidents more commonly end in fatalities due to the size differential and less protection afforded the motorcycle driver. Drivers who are not aware of a motorcycle in their blind spot or who are distracted may make a lane change into the motorcycle or cause the bike to slam on its brakes and lose control. Even with a helmet and leathers, motorcycle drivers are more vulnerable to severe injuries, like spinal cord, back, neck, and brain injuries, as well as fractures and skin burns that may turn fatal. Road conditions and defects can also affect a motorcyclist’s ability to stay safe and alive. Plane crashes, too, cause massive destruction due to flying. Few survivors leave an airplane crash site when a defect downs the plane.
Medical Malpractice as Source of Wrongful Death Cases
Another source of wrongful deaths is medical malpractice when medical providers injure and kill their patients by failing to perform their jobs within the acceptable range of standard practice. In other words, they do not do their job as they are supposed to by miscommunicating with their healthcare team, not following procedures, failing to follow up with lab results, and discharged patients from the hospital. Poor practices lead to birth injuries, misdiagnoses, medication errors, surgical mistakes, and defective installation of medical devices. In addition, they may fail to obtain a patient’s consent for a procedure that turns out to be fatal, which is also medical malpractice.
Defective Products as a Potential Cause of Wrong Deaths
Malfunctioning and defective products cause deaths when manufacturers or designers are negligent. Thus, businesses that produce pharmaceuticals, food products, toys, children’s safety products, and motor vehicles are responsible for the injuries and deaths resulting from purchased items that do not work as represented. For example, thalidomide and flupirtine are two of many pharmaceuticals taken off the market due to defects. Thalidomide was linked to congenital disabilities and death to children, and flupirtine was associated with liver damage.
Deadly Accidents in the Workplace
All too commonly, workplace accidents lead to life-threatening injuries when employers do not comply with government safety regulations or protect workers from safety hazards. Thus, truckers with overloaded cargo, railroad workers on defective trains, and refrigeration and cooling apparatus installers exposed to carcinogenic substances, like asbestos, may die of their injuries due to employers’ poor safety practices. While some surviving family members may resolve their claims against employers through the workers’ compensation and death benefits, they may also sue the liable companies for the medical and funeral expenses, as well as the lost income from the loss of their loved one.
Need Help with a Wrongful Death Case? Contact Fronzuto Law Group
Wrongful death actions mean to compensate the surviving family members for the many losses they suffered due to a loved one’s tragic passing. While some of these losses are simply irreplaceable, it may provide much-need financial recovery, future protection, and a level of comfort for those filing claims to seek wrongful death damages from those people and businesses responsible. Although a lawsuit cannot bring the lost one back, it can help with the collateral damage of expenses incurred to save their loved ones and the economic strain of losing an income provider. A talented, compassionate wrongful death attorney can help families recoup their losses and seek accountability from wrongdoers to prevent future accidents.
Contact an attorney at the Fronzuto Law Group if your loved one was a victim of another’s negligence resulting in their death. We can provide further legal guidance and discuss your potential options with you today by calling 973-435-4551, toll-free at 888-409-0816, or contacting us online.