According to the Centers for Disease Control and Prevention (CDC), unintentional injuries and accidents were the third-leading cause of death in the United States in 2017. Almost 170,000 people lost their lives that year in preventable accidents, such as poisoning, motor vehicle accidents, medical malpractice, and workplace accidents. Accidents such as these continue to take thousands of lives every year.
If you lost a loved one in an accident, you might have grounds for a wrongful death claim or lawsuit against an at-fault party if negligence, recklessness, or incompetence caused or contributed to your loved one’s death. Call the Fitch Law Firm, LLC, at (513) 407-4521 for a free case evaluation. A Cincinnati wrongful death lawyer may be able to help you identify the at-fault party responsible for your loved one’s death and file a claim or lawsuit for the damages and losses you and your family suffered as a result.
A Lawyer May Help Your Family File a Wrongful Death Lawsuit
In general, wrongful death claims and lawsuits are filed to compensate the victim’s family for their losses and damages after a loved one’s death. Such cases do not aim to initiate criminal proceedings against the negligent or reckless parties responsible for the fatal accident in question.
In some cases, applicable penal codes may levy jail time or fines against an at-fault party, such as for motorists who caused a fatality as a result of reckless or intoxicated driving. However, most wrongful death claims and lawsuits simply aim to secure compensation for the victim’s family from the at-fault party or their insurer.
For a free legal consultation with a wrongful deaths lawyer serving Cincinnati, call 614-963-2808
Fault and Liability in Wrongful Death Cases May Vary by Case
You can file a wrongful death claim or lawsuit if you can show that:
- Your loved one’s death was caused by the negligence, recklessness, incompetence, or carelessness of someone who owed them a duty of care. This is defined as a breach of duty of care.
- The breach of duty by the at-fault party was the direct or proximate cause of your loved one’s death or other injuries or losses.
To better understand the duty of care, you might need to apply it to specific situations. The following examples show how negligence or recklessness can lead to accidental fatality and how fault and liability can be determined for different cases.
Motor Vehicle Accidents
Motor vehicle accident fatalities can involve cars, trucks, buses, motorcycles, and pedestrians. Aggressive driving, intoxicated driving, distracted driving, road damage, vehicle malfunctions, and many other factors can cause or contribute to an accident and a vehicle fatality. Vehicle accidents also include maritime accidents involving boats and cargo or shipping vessels. Boat passengers and/or swimmers can be killed in a vessel or water-related mishap.
The at-fault parties for vehicle accidents include:
- Vehicle operators and owners
- Service and maintenance teams
- Loading and cargo teams
- Road repair teams
- Product manufacturers
Anyone driving on the road owes a duty of care to other road users and must drive safely and responsibly. Trucking companies owe a duty of care to the public and must train their drivers and hire qualified drivers. Maintenance teams may be held liable for an accident if they come up short in performing vehicle repairs or road services.
Nursing Home Abuse and Medical Negligence
Nursing homes and hospitals owe a duty of care to their residents, in that they must provide safety, security, supervision, and medical care to residents based on their needs.
Nursing home residents can suffer abuse and sustain injuries in many ways, such as forms of physical abuse, sexual abuse, or financial abuse. A lack of worker training and resident supervision can also lead to injuries or illnesses, such as choking, malnutrition, bedsores, and infections.
As for medical negligence, the National Center for Biotechnology Information (NCBI) states that recent studies have estimated that about a quarter of a million people might have been killed every year due to avoidable medical treatment mistakes. Misdiagnoses, delayed diagnoses, surgery errors, treatment mistakes, drug dosage errors, and administrative issues can lead to patient death. Birth injuries and poor post-op care can also lead to fatalities.
The following parties may share partial liability for a patient or resident fatality, depending on the context and how the accident in question occurred:
- A doctor
- A nurse
- A health care worker
- A nursing home staff member
- A nursing home administrator
- A hospital
- A care facility
According to the Occupational Safety and Health Administration (OSHA), some of the leading causes of workplace deaths and injuries are:
- Being struck by objects
- Getting caught in or in between materials, objects, or machinery
- Accidents involving power tools or heavy machines
For these workplace accidents, an employer, the owner or operator of premises on which an accident occurred, or a product manufacturer may be at fault for a fatal accident. OSHA cites a failure to meet workplace standards and a failure to provide workers with the right training and safety equipment as leading causes of workplace deaths.
Beyond the above, other common causes of wrongful deaths include product liability issues, poisoning, aviation accidents, and recreational accidents. For assistance with a wrongful death case, contact the Fitch Law Firm, LLC, at (513) 407-4521. A Cincinnati wrongful death lawyer can walk you through everything you need to know about filing a claim.
Cincinnati Wrongful Deaths Lawyer Near Me 614-963-2808
Let the Fitch Law Firm, LLC, Work on Your Wrongful Death Case
If you lost a loved one in an accident caused by recklessness or negligence, we are just a call away. Call the Fitch Law Firm, LLC, at (513) 407-4521 to discuss your case. A Cincinnati wrongful death lawyer can help you collect evidence, evaluate your losses, and file a claim or lawsuit on behalf of your loved one. Call today for a free case evaluation, and learn how we can help you build your case.