Wrongful death is the death of a human that results because of a wrongful or negligent act of another person. Wrongful death is not murder or manslaughter but it also isn’t an accident with non-life-threatening injuries. It’s quite a challenge to find who is at fault in wrongful death.
For someone to be at fault, it must be proven that they had a duty to care for the deceased person. The culprit should have breached this duty of care by failing or not attempting to act with reasonable care. The breach must have directly caused the injuries that lead to death. If you have lost a loved one in wrongful death, it’s important to seek legal help from a New Mexico wrongful death attorney.
Examples Wrongful Death
Here are six common examples of accidents that can lead to wrongful death:
More than 300,000 lives are lost every year in car accidents. The number of those who have a long recovery is perhaps twice or three times bigger. After an accident, the injured driver or passenger is struggling with medical bills and lost wages. Car accidents happen because of various reasons mainly because of speeding, reckless driving, drunk driving, distracted driving, road defects, faulty car parts.
Truck accidents count as motor accidents, but the size of these vehicles is incomparable to cars or motorcycles, therefore, the outcomes of these crashes can be far worse. When a truck hits a smaller vehicle, the results are often fatal, and the injuries can be serious and may affect the person’s life forever.
These types of crashes happen because of aggressive driving, driving error and negligence, driving with an overweight load, driving during adverse conditions, faulty mechanical parts, truck company negligence, or driving under the influence of drugs or alcohol.
Motorcycle accidents happen because of negligent riders who tend to switch lanes fast, so drivers of bigger vehicles have no time to notice them. When a motorcyclist is injured in an accident they tend to suffer much worse injuries including back and neck injuries, brain injuries, spinal cord injuries, paralysis, burns, broken bones, and scarring. These types of accidents seek legal help because many drivers’ insurance won’t cover injuries to such a degree.
Some people die because a healthcare provider makes a mistake in their work. This doesn’t mean that the doctor or nurse is bad at their job, but sometimes people make mistakes, which unfortunately can cost someone’s life. Medical malpractice can be anything from the wrong diagnosis, delayed or wrong treatment, lack of informed consent, pharmaceutical errors, birth injury, surgical error, to faulty medical devices.
When you purchase a product it’s hard to know if it’s faulty. You assume that just because it’s new it works well. Most manufacturers sell excellent products, but faulty ones can still end on the market. This can happen with pharmaceuticals, faulty vehicles, dangerous toys and childcare products, toxic food products, and containers.
Accidents at Work
The employer has a responsibility to provide their employees with a safe workplace, this is enforced by OSHA. However, accidents can still happen at work and these include manufacturing accidents, asbestos exposure that later causes mesothelioma, railroad worker injuries, repetitive motion, and strain injuries, transportation industry accidents, and so on.
When a worker dies at the workplace, the family is entitled to death benefits through the state’s workers’ compensation system. In certain cases, the family might be able to sue for negligence.
Contact Our New Mexico Wrongful Death Lawyers
Dealing with a wrongful death is never easy, especially when the family knows that the death could have easily been avoided. Nothing will bring back the lost life, but it’s important to remain strong and mindful in these moments. Wrongful death lawsuits aren’t entirely about getting a compensation claim, since legal actions like this are designed to hold individuals, companies, or employers responsible for their actions.
But, besides justice, you and your family will need that compensation claim. Dealing with the medical bills, lost wages, and other fees that resulted after the accident can be stressful. The claim can help you cover these expenses as well as the funeral and burial fees. Also, the claim can help you move on with your life.
The first thing you should do is seek legal assistance from a wrongful death attorney and ask every question you have in mind. Our attorneys at FBD Law will review your case and will tell you what you can expect from the outcome.