Posted on behalf of Stephens, Anderson & Cummings on Jul 30, 2014 in Wrongful Death
The unexpected loss of a loved one is a shocking and uncertain time for the families of wrongful death victims. You may feel even more overwhelmed if you believe a business or large corporation had a hand in their death, but do you have any recourse for what happened?
There are cases where an individual can bring a wrongful death lawsuit against a business, and the circumstances that make this possible are not as rare as you'd think. Businesses have a responsibility to protect the well-being of their employees and society as a whole. They also must shield individuals from harm.
If a business fails to uphold its end of this bargain and you or your loved one is hurt or killed, you have the legal right to file a lawsuit for what was taken from you.
The following are several common scenarios that could necessitate a wrongful death claim against a business.
Cases of wrongful death in the workplace can be tricky, as your ability to file a suit is contingent upon whether your loved ones employer carried workers compensation insurance. If so, you can collect compensation from that program but cannot file a lawsuit. If they were not insured you can bring a claim of wrongful death against the employer for the loss of your loved one.
Faulty vehicles or defective parts are common factors in car accidents. When a person dies because of such a defect, their surviving family can bring a wrongful death lawsuit against the party who they believe to be responsible for their death; this includes corporations.
A recent example of these types of cases can be seen in the General Motors recalls linked to the deaths of at least 13 people, and potentially thousands of others have the option of seeking compensation for the injuries they suffered as a result of the company's negligence.
Premises Liability Injuries
Property owners and non-owner residents have a duty to keep customers and other legal visitors safe while on their premises, and in some cases this duty extends to the businesses the property owner answers to. While structural hazards are the responsibility of the property owner, temporary hazards like wet floors can cause slip-and-fall accidents, and they are the direct responsibility of the business. If your loved one died as a result of a temporarily unsafe condition, you may have grounds to file a claim against the business.
While each case is different, most medical malpractice cases are brought against an individual healthcare professional. In some instances, a hospital or other healthcare facility may be found negligent, in which case the business entity would be liable for the death of your loved one.
Consulting a Wrongful Death Attorney
Determining liability requires a deep knowledge of the laws surrounding each of these types of cases. Consulting a reputable personal injury lawyer is the most effective way of deciding the next steps that you should take to pursue justice for the one you lost.
Lets win this.