Wrongful Death is one of the most complicated matters to deal in the legal world, both mentally and financially. Loss of life due to unexpected reasons at the hands of another plague our society every single day. At The Law Firm of Gold, Albanese & Barletti, we’re here to make sure you are compensated for your grief and anything that accompanies the stresses of a wrongful death suit. Here is some information on some of the most common types of wrongful death suits and who may be held accountable within them.
Wrongful death in car accidents tend to be the most common cause of the legal matter. There are over 200 million drivers in the United States and the Garden State averages hundreds of fatalities each year due to car accidents. The vast majority of car accident fatalities are the result of at least one driver’s negligence, whether due to speeding, reckless driving, not paying attention to the road or driving under the influence. If any of these circumstances apply to your current situation, the negligent driver can be liable for the deaths of anyone else involved in the accident. If the accident occurred due to road issues, then the city or county or State may be held liable.
Doctors and nurses are highly skilled, but in the end they’re still human and humans make mistakes. Mistakes can occur when medical personnel cut corners, disregard correct procedure or basically missing something.
So, when it comes to medical malpractice, the most common wrongful death causes are:
- Misdiagnosis or delayed diagnosis.
- Failure to treat.
- Prescription drug errors.
- Surgical or procedural errors.
- Childbirth injuries.
Accidental Poisoning, Overdoses & Driving Under The Influence
In 2017, the opioid crisis was officially declared by the United States government as a public health emergency. Along with Illegal substances and prescription medications; DUIs are known to have major causality in wrongful death. While not all of these deaths will lead to a wrongful death claim, many have the necessary components that may lead to a wrongful death suit. For example, in most cases if the accidental death is due to drug overdose, there is little possibility for a wrongful death suit. While the inadvertant ingestion of a chemical or substance holds much firmer ground.
Accidents at Work
Occupations with higher risk, such as law enforcement and construction jobs, have higher instances of workplace fatalities, but a wrongful death can occur at the office or even outside work if the employer puts an employee in a dangerous situation.
Learn more about Workers’ Comp in New Jersey with our helpful FAQ.
Property owners need to maintain their property by correcting any hazards in the area. Premises liability cases can often give victims a chance to recoup any losses they’ve incurred due to wrongful death. Figuring out who is legally accountable within a premises liability case depends on what type of property the injury occurred on. When it comes down to public property, the public entity who owns and controls the property is only liable if the injured party can prove the following:
- The property was in dangerous condition.
- The affliction caused the injury.
- The public entity in question knew of the hazardous condition..
- An employee of the public entity created or allowed the creation of the hazardous condition.
- The actions and/or omissions of the public entity were clearly unreasonable.
Contact Us Today
If you or someone you know is looking for legal representation regarding wrongful death please do not hesitate, seek out justice and contact our attorneys today.