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The Leading Causes of Wrongful Death (And How to Seek Justice for Your Loved One)

Losing a loved one is never easy. But when that loss is due to someone else’s negligence or wrongdoing, the grief can feel even more overwhelming. Wrongful death occurs when a person dies because of another party’s intentional or unintentional actions. While no amount of compensation can replace a loved one, understanding the common causes of wrongful death can help you navigate the legal process and seek justice.

Car Accidents: A Leading Cause of Wrongful Death

Car accidents are among the most frequent causes of wrongful death in the United States. In 2022, there were 42,795 motor vehicle crash fatalities in the U.S., according to the National Highway Traffic Safety Administration (NHTSA). These accidents can result from various factors, including:

Distracted Driving: Engaging in activities like texting, talking on the phone, or eating while driving diverts attention from the road, increasing the risk of accidents.

Driving Under the Influence (DUI): Alcohol and drugs impair judgment, reaction times, and coordination, leading to fatal crashes.

Speeding: Driving above the speed limit reduces the ability to react to hazards and increases the severity of accidents.

Reckless Driving: Aggressive behaviors such as tailgating, changing lanes without signaling, or ignoring traffic signals can lead to fatal collisions.

If you’ve lost someone due to a car accident caused by another’s negligence, it’s crucial to consult with a wrongful death attorney to explore your legal options.

Medical Malpractice: When Healthcare Goes Wrong

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, leading to patient harm or death. According to a study published in The BMJ, medical errors are the third leading cause of death in the U.S., accounting for over 250,000 deaths annually. Common examples include:

Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the body.

Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition promptly can result in the progression of the disease and death.

Medication Errors: Administering the wrong medication or incorrect dosage can have fatal consequences.

Anesthesia Errors: Improper administration of anesthesia can lead to brain damage or death.

If you suspect that a loved one’s death resulted from medical malpractice, it’s essential to seek legal counsel to determine if you have a valid claim.

Workplace Accidents: Fatalities on the Job

Workplace accidents can lead to fatal injuries, especially in high-risk industries. In 2022, there were 5,486 workplace fatalities in the U.S., with transportation incidents accounting for 42% of these deaths. Other common causes include:

Falls: Slips, trips, and falls are leading causes of workplace injuries and fatalities.

Being Struck by Objects: Workers can be killed by falling tools, machinery, or vehicles.

Exposure to Harmful Substances: Chemicals, asbestos, and other hazardous materials can cause fatal illnesses.

Workplace Violence: Physical assaults or attacks can result in death.

Employers have a duty to provide a safe working environment. If a loved one’s death resulted from a workplace accident, you may be entitled to compensation through workers’ compensation or a wrongful death lawsuit.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought when someone dies due to another’s negligence or intentional act. The purpose is to seek compensation for the survivors’ losses, which may include:

  • Medical Expenses: Costs incurred before the loved one’s death.
  • Funeral and Burial Expenses: Costs associated with laying the loved one to rest.
  • Loss of Financial Support: Income the deceased would have provided.
  • Loss of Companionship: Emotional support and companionship the survivors have lost.
  • Punitive Damages: In some cases, additional damages to punish the wrongdoer.

Each state has its own laws regarding wrongful death claims, including who can file a lawsuit and the time limits for doing so (statute of limitations). It’s essential to consult with an attorney experienced in wrongful death cases to understand your rights and options.

Protecting Your Rights After a Wrongful Death

If you’ve lost a loved one due to an accident, medical malpractice, or a workplace incident, it’s natural to feel overwhelmed. However, it’s crucial to take certain steps to protect your rights:

Seek Legal Counsel: Consult with an attorney who specializes in wrongful death cases to understand your legal options.

Gather Evidence: Collect documents, photos, and witness statements related to the incident.

File Claims Promptly: Be aware of the statute of limitations in your state to ensure you don’t miss any deadlines.

Avoid Speaking to Insurance Companies: Insurance adjusters may try to settle quickly and for less than you deserve. Consult with your attorney before making statements.

Remember, each case is unique, and having experienced legal representation can make a significant difference in the outcome of your case.

Ready to Take the First Step Toward Justice?

If you’ve lost a loved one due to someone else’s negligence, you’re not alone—and you don’t have to navigate this painful journey by yourself. At DuFault Law, we’re here to help you understand your rights and pursue the justice your family deserves.

Call us today at (239) 422-6400 or email contact@dufaultlaw.com to schedule your free, confidential consultation. Let us stand by your side and help you move forward with strength and clarity.

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