Wrongful Death

Personal Injury

A wrongful death occurs when a person dies as the result of a wrongful action of another person or entity and means that the victim’s relatives deserve to be compensated. Whether the wrongful action was intentional or not, is irrelevant.

Wrongful death claims can be pursued in many situations. Some examples include:

  • Malpractice (through negligence of the healthcare provider)
  • Vehicle accidents
  • Workplace accidents
  • Defective product accidents
  • Slip and fall accidents

At one time, wrongful death under which the victim’s relatives or dependents deserved to be compensated was not part of the law. Common law (laws carried over from England and practiced for hundreds of years) held that any claim for compensation expired with the death of the person. Eventually, all of the states passed laws providing that persons who are damaged by the death of the victim deserved to be compensated.

Fatal Accidents

Any of the above accidents, should they prove fatal, might be considered wrongful death accidents. The family of the victim would deserve to be paid for the victim’s death if, for example, the victim died as the result of negligence in the following circumstances:

  • Car crash, train or plane crash, or motorcycle accident
  • Exposure in the workplace to a toxic chemical leading to death
  • Falling from a scaffold during a construction accident
  • Death during surgery as a result of medical malpractice
  • Death in the hospital from being given the wrong type or dose of medication
  • Death from a defective space heater or other consumer product where negligence may be proved (the responsible defendant in defective product cases might be the manufacturer, the distributor, the retailer, or all three)
  • Death from slipping and falling on an icy walkway that should have been cleared or from a wet floor in a store where a product has been spilled

These are just a few examples of wrongful death claims. If you believe that your loved one died wrongfully, as a result of negligence, you may be able to recover compensation from the responsible party through a wrongful death lawsuit.

Compensation for Surviving Family Members

In all these cases, if the defendant’s negligence can be proven to have caused the victim’s death, it can be argued that the family deserves compensation. Recoverable compensation in wrongful death claims can include financial or emotional loss to the surviving family members, including unpaid medical bills, funeral and burial costs, and loss of economic support.

If you have suffered the loss of a loved one from the negligence of another person or company, you should seek the advice of a Beaumont wrongful death attorney. To speak with a qualified attorney about your potential case, please contact Tony Malley, Attorney at Law. He offers compassionate and dedicated representation for individuals and families that are harmed by negligence.