Wrongful death occurs when a victim loses their life because of the negligent actions or inactions of someone who owed the victim a duty of care.
Anyone operating a vehicle on the road owes other road users a duty of care. Nurses and doctors owe their patients a duty of care. Property owners and operators owe their guests a duty of care. Accordingly, there are many ways that a wrongful death accident can occur.
If you lost a loved one in an accident that should not have occurred or was preventable, you may have grounds for a wrongful death claim against the at-fault party. A Springfield wrongful death lawyer from the Fitch Law Firm LLC may be able to help you pursue compensation after this type of accident in a wrongful death insurance claim or lawsuit.
Our team is just a call away, and we can be reached at (937) 247-6521. Call us for a free consultation on your case. If you qualify, the Fitch Law Firm LLC may be able to represent you on a contingency-fee-basis with no up-front payments required.
Types and Causes of Wrongful Death Accidents
Wrongful death cases may be caused by:
Vehicle accidents—including accidents involving large trucks, buses, SUVs, passenger vehicles, motorcycles, bicycles, and pedestrians—are a significant cause of fatalities in the U.S. each year. Negligent actions that may cause a fatal vehicle accident and warrant a wrongful death claim include:
- Road damage
- Vehicle malfunctions
- Service issues
- Driver inexperience
- Reckless driving
- Driving under the influence
- Not following traffic control signs or signals
- Driving while distracted
- Other violations of traffic laws
If a negligent driver caused a fatal accident that took the life of your loved one, they may owe you compensation in a wrongful death case.
Slip and Falls
Many slip and fall cases involve some form of premises liability, and business or property owners or operators are often held accountable for such accidents. Slip and falls may be caused by damaged flooring, inadequate lighting, poor maintenance, inadequate safety installations, poor training, slippery surfaces, or cluttered walkways.
Certain demographics or occupations may be more vulnerable to fatal falls. According to the Centers for Disease Control and Prevention (CDC), falls were the leading cause of accidental injury deaths for Americans aged 65 and above in 2018. According to the Occupational Safety and Health Administration (OSHA), falls are one of the four leading causes of workplace deaths in the construction industry.
Medical negligence or malpractice is when a patient is somehow harmed by the negligent actions or inaction of a doctor, nurse, or another caregiver. Acts of medical malpractice may include:
- Not performing a test
- Incorrectly reading test results
- Misdiagnosing an illness
- Performing the wrong procedure
- Making errors during a procedure
- Misusing medical devices
- Not providing adequate follow-up care
- Pharmacy errors
- Drug dosage errors
- Birth injuries
- And more
There are myriad other ways an accident can lead to a fatality. For example:
- A lack of servicing and repair of rides at a public park can lead to a fatality.
- Accidental drowning and suffocation are common at swimming facilities and wherever water activities and services are provided.
- A lack of protective gear, poor machine guarding, poor training, chemical spills, and the use of heavy machinery in the construction industry can all cause or contribute to a workplace fatality.
If you are unsure about whether your loved one’s death qualifies as a wrongful death accident, please contact the Fitch Law Firm LLC today at (937) 247-6521 to discuss your case for free with a member of our team.
At-Fault Parties and Liability
As mentioned above, the liability for a wrongful death case depends on how the accident in question occurred and who was responsible for causing it—or who should have been responsible for preventing it.
Co-workers, doctors, nurses, nursing home staff, hospital and nursing home administrators, vehicle and machine service teams, and product manufacturers all owe their co-workers, patients, and clients a duty of care. If the actions, or the negligent inaction, of one of these parties can be connected to the accident that killed your loved one, you potentially have grounds for a wrongful death claim against that party.
Working with the Fitch Law Firm LLC on Your Case
If you qualify, a Springfield wrongful death lawyer from our firm may be able to:
- Investigate your accident and identify the liable party
- Provide legal advice and design a strategy for your case
- Collect evidence of their liability and the extent of your damages
- Manage all communications, deadlines, and paperwork in your case
- Represent you in settlement negotiations
- Take your case to trial, if necessary
Recoverable Damages in an Ohio Wrongful Death Case
In general, the following types of damages may be recoverable in a wrongful death action in Ohio:
- Funeral and burial costs
- Loss of consortium and protection
- Loss of income, services, and inheritance
- Mental anguish
- And more
Call the Fitch Law Firm LLC Today
If your loved one passed away in a wrongful death accident, you are not alone. A Springfield wrongful death lawyer from the Fitch Law Firm LLC may be able to oversee all aspects of your case when we represent you.
Note that your time may be limited to act. There is a general two-year statute of limitations to wrongful death lawsuits in Ohio, per Ohio Revised Code (ORC) §2125.02.
For a free consultation on your case with a member of our wrongful death team, call the Fitch Law Firm LLC today at (937) 247-6521. We may be able to offer you representation on a contingency-fee-basis, where you do now owe us attorney fees unless and until you recover compensation via a settlement offer or court award.