A wrongful death claim is filed when a person is liable for the death of another, intentional or not. As a civil court case, it is usually filed by the loved ones of someone whom they believed died unnecessarily due to another's negligence. Wrongful death can occur in a multitude of different ways, but below are three most common reasons for family or loved ones to file wrongful death lawsuits.
Just because it was an "accident" doesn't mean it couldn't have easily been prevented. A driver may follow every traffic law in the book, but he or she is negligent by driving too fast in the rain and spins out, causing a fatal accident, and that driver can be held legally responsible. When people die because others are simply not paying attention, loved ones demand consequences and take civil action to try to make up for their loss.
For most people, surgery is a frightening yet necessary part of life. Medical practitioners are trained to stay focussed for long periods of time, especially for major surgeries, but recently surgeries and mundane tasks are getting doctors into trouble. Whether it is a fatal surgical mistake or a rushed misdiagnosis, a patient is negligently mistreated, which could result in death. Doctors, nurses, administration and entire hospitals can be found liable for such avoidable situations and are sued by the victim's family accordingly.
In situations where the evidence is not strong enough to prosecute someone who killed another, the family will resort to civil lawsuits which require a lower standard of proof. Sometimes the offender is convicted of both negligent civil acts and criminal acts. Take OJ Simpson, for example. He was charged with murder, but when found innocent, the family of his ex-wife who he allegedly killed, sued Simpson for wrongful death and emotional distress. These are ways that families feel they can accurately punish who they believed wrongfully took the life of their loved ones when the jury decides otherwise.
Wrongful death is a heart wrenching situation for many people whose family members or loved ones were taken from this life far too soon. If you know someone whom you believe was a victim of wrongful death,contact Kyle Law Firm for a free consultation, servicing theNew Braunfels, San Marcos and Seguin areas of central Texas.