4 Situations Where You Can File A Wrongful Death Claim
A wrongful death claim is a specific type of personal injury lawsuit wherein a person associated with the deceased can sue the entity that caused the death (whether it be a person, a company, a government agency, or some other form of institution) for damages. There are a number of things that these damages can seek to claim, which include the expenses of psychological trauma, lost wages on behalf of the deceased and the person filing the suit, and funeral expenses. In which situations can you file a wrongful death claim, however? Throughout the course of this article, you'll learn of 4 specific examples where you can file a wrongful death claim.
The Designer Of A Faulty Roadway
This is an example where a specific person can be targeted or the entity that implemented its construction (most likely a state's Department of Transportation) can be sued. When an auto accident occurs due to the poor planning or construction of a roadway, then they are liable for damages and you can generally sue them, especially if the case involves a wrongful death. If the issue is an integral issue and actually involves the design of the roadway, then the design firm or individual in question can be liable for damage. If it is simply a matter of construction or implementation, then the Department of Transportation of your state will generally be held liable for the matter.
Owner Of Premises Where Alcohol Was Served
This is not an open and shut case. If the owner of an institution where alcohol is served, such as a bar or restaurant, winds up serving an individual too much to drink, and that person goes on to die due to an alcohol related death, the owner can be held liable for damages. However, this is often difficult to prove. There is an onus on behalf of the institution to cut a person off after they've had too much to drink, but often times a patron might leave a bar completely sober and decide to move onto another bar or restaurant that serves alcohol. It is very difficult to establish liability in these cases due to a number of mitigating factors.
A vast number of wrongful death suits are brought against those individuals who are found to have caused car accidents. This number might constitute the majority of wrongful death suits in the country. A wrongful death suit can be brought against someone who caused a car accident and is responsible for the death or deaths of a person or several individuals, respectively. Establishing liability in these cases is usually not too terribly difficult, but a person should be ready to snap photos in order to establish evidence in these cases. This might seem difficult to do, but it is imperative in order to establish liability.
Manufacturer of a Vehicle
If the manufacturer of a vehicle distributes a vehicle, or a vehicle part, or an aftermarket accessory to an automobile, and that vehicle, part or accessory is found to be faulty, the manufacturer can easily be liable for damages related to a wrongful death suit. This is especially the case if the manufacturer knowingly distributed the automobile or related part or accessory despite knowing the safety risks involved in the distribution. In fact, establishing intent is imperative in these cases, as many auto manufacturers are easily able to finagle or weasel their way out of such situations by claiming naivety regarding the faultiness of the part or car as a whole.
For more information, contact a professional wrongful death attorney and get started on building your case.