Wrongful deaths or any fatality caused by a non-criminal action is always tricky. It involves a broad range of cases, from accidents to product misuse.
According to lawyers in New York, wrongful death claims are all about negligence. The third party could be a person, company, or manufacturer of a certain brand.
So, when someone dies in an accident, as long as it’s not suicide, there is always a negligent party involved; this is where wrongful death cases come in. Below are some facts about this type of case.
It’s Always a Non-Criminal Case
An action resulting in a wrongful death is not for criminal charges. Whether there’s an intent to cause damage or not, the court sees this as non-criminal in nature. But, it’s also possible to file wrongful death separately from criminal charges to strengthen the case more.
It’s Not Grounds for a Negligence Claim
A negligence claim works by having the court look at the extent of the damages caused by the accident. So, the injured person should be the one to file the charges. That’s why in the case of wrongful death, this is just impossible.
It’s Becoming Harder to Win a Wrongful Death Case
Nowadays, wrongful deaths are becoming harder to prove. When a person meets an accident while under the influence, they are clearly at fault. Even if a particular product malfunctions halfway, it would be impossible to pin the blame to the product only.
It’s Rampant in Medical-Related Errors
Each year, approximately 100,000 patients lose their lives in the hospital due to medical malpractice. But, the responsible doctor doesn’t go to prison because medical boards step in and sanctions the physicians instead.
Other Things to Consider
Keep in mind that wrongful death can also happen in very complicated scenarios. Some other cases involve:
- Slip and fall
- Work hazard fatalities
- Medicine side effects
Charging for wrongful death is a tough call, especially for the family members left behind. That’s why finding a firm that handle this type of case can make the process more manageable.