What types of fatal accidents can result in a wrongful death claim?
Miley Legal Group
Fatal accidents can stem from a variety of circumstances, such as traffic accidents, the use of defective products and medical malpractice. Families of individuals who are killed in these accidents may file a wrongful death claim if it was caused by another’s negligence.
In most cases, you will need to prove that someone else acted in a careless or reckless manner. But strict liability may apply in some cases, such as in cases of defective products.
Types of Fatal Accidents
Traffic accidents involving passenger cars, trucks, motorcycles, bicycles or pedestrians can result in death. In order to file a wrongful death claim, you would need to prove that someone else acted in a negligent manner to cause the accident. An example would be a crash on Highway 50 caused by a drunk driver or a truck that runs a red light and collides with a car.
Defective products also can cause fatal injuries. Strict liability may apply in some of these cases, meaning the plaintiff must prove only that the product was defective and it caused a loved one’s death – not that the manufacturer acted negligently.
A case of wrongful death may be filed as a result of medical malpractice. The plaintiff must demonstrate that a medical professional acted in negligent manner – that is, outside of the reasonable standard of care expected of other professionals – and that it caused a loved one’s death. Examples include a surgeon operating on the wrong site or a nurse administering the wrong medication.
You might be surprised to learn how often these types of cases occur. According to StateHealthFacts.org, in 2011 there were 157 paid medical malpractice claims in the state of West Virginia.
Seeking Help from a Wrongful Death Attorney in Clarksburg
Filing a wrongful death claim can be a stressful and complicated task. For help, contact an attorney at The Miley Legal Group. We handle various types of cases stemming from fatal accidents.