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2 Most Common Types of Wrongful Death Cases

Person covered up in sheet at hospital, family member holding that person's hand

Seeking justice for a family member who was wrongfully killed can be a challenging and emotional process. While nothing will ever make up for the loss you’ve experienced, bringing those responsible to account can be the first step in recovering your peace of mind. But navigating wrongful death law is often complicated — after all, it deals with a tragedy that no one should experience — so it’s essential to understand where to start.

Seeking Justice for Wrongful Death

The process of seeking justice for a wrongful death can be extremely difficult for families and individuals. In many cases, it requires extensive documentation to prove the negligence that caused the death and intense emotional strength as families and friends grapple with their loss.

Wrongful death cases involve proving the liable party’s negligence, which can depend on factors such as the authority in charge or the surrounding circumstances. It can also be difficult to establish a causal link between negligent behavior and the eventual death since it is possible that other related (or unrelated) issues were involved, thus complicating matters further.

All of this means going through a long, emotionally demanding, and often expensive legal process, making it necessary to have proper legal representation. Additionally, victims may experience a sense of injustice due to having no control over what will happen throughout this lengthy and uncertain process.

Most Common Wrongful Death Cases

Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to provide adequate medical care and causes harm or death to a patient. This can include errors in the following:

  • Diagnosis;
  • Treatment;
  • Medication; or,
  • Even failure to diagnose something serious such as cancer.

Negligent medical care can also involve improper management of a patient’s condition, failure to seek informed consent for treatments, surgical errors, and failure to take appropriate preventative measures.

When negligence occurs on the part of a medical professional or facility, families may have grounds for a wrongful death suit. This type of lawsuit aims to establish that the healthcare provider’s negligence was the cause of death and to seek damages from those responsible. Damages may include lost wages, medical expenses, funeral costs, and emotional distress suffered by family members due to the death. In extreme negligence cases, such as failing to diagnose a fatal illness or providing inadequate treatment for an injury or disease, punitive damages may also be sought to punish those responsible and send a message that negligent behavior will not be tolerated.

Automobile Fatalities

Automobile fatality wrongful death cases occur when an individual is killed due to another driver’s negligence or recklessness while operating a motor vehicle. The victims of these wrongful death cases can be passengers, pedestrians, cyclists, and other drivers on the road. In addition to deaths, automobile fatalities often result in severe physical injuries and financial losses for those involved. Common causes of automobile fatalities include distracted driving, drunk driving, and speeding.

To prevent these tragedies from occurring, all drivers must be aware of the risks associated with the improper operation of a motor vehicle and take the necessary safety precautions to ensure everyone’s safety on the road.

You Need a Medical Doctor & Attorney Fighting For You

Finding comfort and closure can be challenging when a loved one is wrongfully taken. That’s why having an experienced wrongful death attorney can provide you with support and peace of mind through their expertise in pursuing justice on behalf of the deceased.

The Law Offices of Michael Barszcz, M.D., J.D. stands out from the rest. Michael Barszcz is an attorney and medical doctor who will always put your needs first. He is skilled in understanding what constitutes a wrongful death under state laws, investigating the tragedy’s circumstances, gathering evidence, and filing legal claims with insurers or in court. He will carefully examine relevant documents and contact witnesses to build a strong case for damages that may result from a wrongful death.

Contact the Law Offices of Michael Barszcz, M.D., J.D. during your time of need. You can schedule a free case evaluation online or by phone. (407) 305-6088

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