TYPES OF WRONGFUL DEATH

According to 2011 reports presented by the Centers for Disease Control and Prevention (CDC), unintentional injury was the number one cause of death for people ages 1-44 years old. This category of death ranges from truck accidents to drowning and from consumer products to poisoning.

The top ten leading causes of injury and unintentional deaths are:

• Nursing home abuse – This can include suffocation, overdose, mismanaged medication, incorrect diagnosis, and improper care of elderly persons.
• Pool drowning – Every day about 10 people die from unintentional drowning in the U.S., making it the 5th leading cause of unintentional death.
• Motor vehicle accidents – This is one of the top leading cause of wrongful death in the U.S., with over two million people injured in traffic accidents each year.
• Food poisoning – Illness and death related to food poisoning effects thousands of people every year. Foodborne illness is an important public healthcare problem in the U.S. that needs careful consideration and review to determine cause and further prevention.
• Burns, falls, injury to the body – Unintentional injuries to the body can happen when someone is not being cared for properly, like minors and the elderly, in work-related incidents, and in any accident due to negligence, recklessness, or wrongful intentions.
• Motorcycle accidents – Proper use of helmets can reduce the risk of death by 37%, making it the number one life saving device a motorcyclist can use in order to avoid death.
• Defective products – Suppliers, manufacturers, distributors, and retailers can be held accountable for the release and sale of defective products to consumers, when it results in a wrongful death.
• Construction/Industrial accidents – Every year, thousands of workers are placed in harm’s way and suffer serious injury and even death while at work. Depending on labor conditions and the type of employment, workplaces have certain safety requirements and procedures that have to be followed daily.
• Emergency room malpractice – Emergency rooms (ERs) can be chaotic and present many challenges to medical professionals tending to the ill and injured. Acts of negligence, carelessness, or wrongdoing can have fatal consequences for unsuspecting patients.
• Anesthesia malpractice – Death can result from any problem related to anesthetics, including a patient’s reaction and improper dosage treatment.

WRONGFUL DEATH FAQS

WHAT ARE THE REQUIREMENTS TO FILE A WRONGFUL DEATH LAWSUIT?

The state law will define which representative is able to file the wrongful death suit. It most states the representative party could be a spouse, child, or sometimes a close relative.

WHAT IS THE STATUTE OF LIMITATIONS FOR FILING A WRONGFUL DEATH CLAIM?

State law determines the time frame for filing a lawsuit. Usually, the date of the incident starts the clock. In some instances, the date of discovering the incident sets the start date.

HOW IS THE AMOUNT OF THE DAMAGES DETERMINED?

Determining the amount of damages can be complex. Some factors that will go into determining the amount is the injured person’s medical bills, burial expenses, future earning potential, and pain and suffering for the surviving family members.

WHAT ARE “SURVIVAL STATUTES”?

If an injured party files a lawsuit and then dies before the case is finalized, the survivors or beneficiaries can continue the suit on behalf of the deceased.

WHAT IF THE VICTIM WHO DIED DOESN’T HAVE A WILL?

A wrongful death claim will not be affected by the existence or non-existence of a will.

DO WRONGFUL DEATH LAWSUITS DIFFER BY STATE?

Yes. Some of the major challenges of pursuing a wrongful death lawsuit will vary by state guidelines. Wrongful death is a tort, or civil wrong, governed by statute in every state and includes any limitations the court may apply to an award of damages. Your wrongful death attorney will be able to determine the guidelines of the applicable territory and apply it to your specific case.

ABOUT OUR WRONGFUL DEATH LAWYERS

At Garcia & Artigliere, we are committed to helping injured people and disenfranchised consumers in litigation involving wrongful deaths. For years, our attorneys have been helping families through difficult times while navigating through all the complexities of a wrongful death case. We know that nothing can ever truly compensate you for the pain, suffering, loss, and hardship you have endured due to wrongful death. However, we believe that our work will help alleviate some of your financial burdens you would face if you were not able to obtain justice.