How to determine liability in a wrongful death
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How to determine liability in a wrongful death

| Apr 24, 2020 | Wrongful Death

Losing a loved one to wrongful death can be one of the hardest experiences that survivors have to endure. The compensation from these losses is essential to moving forward, but holding the liable party to be responsible for the actions leading to wrongful death is more complicated than you may expect. Knowing how to determine this liability is the first step in pursuing compensation for wrongful death.

There is a lot of complex challenges that come with a wrongful death claim. Taking things one at a time and with the guidance of an experienced attorney is the best place to start. There are several categories for wrongful deaths, and each of them has unique circumstances in determining liability.

Medical malpractice

In a hospital, malpractice is often the result of either the staff or their equipment. A misdiagnosis may be the liability of the manufacturer of faulty testing equipment or the staff member using it. A lawyer can review the circumstances of death and help identify the origin of the mistake.

Motor vehicle accidents

On the road, there are many more factors involved with a severe accident than just the victims of a crash. A liable party could be a distracted driver that influenced another driver to strike someone. Reckless pedestrians, unsafe roadways, and even faulty brake manufacturers may all be the liable party of wrongful death.

Construction site accidents

Falling equipment can be fatal from even one or two stories up, but the contractor agency that is working on the site may not be liable. Subcontractors may be responsible for the loss of life instead of the primary contractor. Scaffolding manufacturers that cause falling parts or lead to collapse may be the liable source of the wrongful death.

Review the facts

Pursuing a claim for wrongful death can be complicated and lengthy, but not impossible. By identifying the actual liable party in the beginning, you can save you and your loved ones considerable time, money, and energy in your pursuit of justice.