(Newswire.net — August 1, 2022) — Seeking justice and compensation can be a confusing legal process when a death is caused by someone else’s negligence. The liable party—or parties—and their potential exposure to financial damages will vary depending on the circumstances and the specifics of every case.
The laws governing wrongful death cases vary depending on the location and situation. If you’re wondering who is liable for a wrongful death case, there are a lot of parties who could be responsible, including another driver and the medical staff.
Third-Party Negligence
In cases involving third-party negligence, the legal process can be rather complex. You might have a wrongful death case if someone else’s actions led to the death of another person. In this situation, the legal process is referred to as a “wrongful death claim.”
The liable party could be an individual or organization that caused the death of another through negligence. If a third party’s actions caused the death of another, it could be a wrongful death case. The law governing third-party negligence is complex, and you should speak with an experienced personal injury lawyer to learn more.
At-Fault Driver
A negligent driver may be responsible for your loved one’s death. If the driver was speeding, had a suspended license, or was driving recklessly when causing the fatal crash, they may be held liable for the injuries that led to the victim’s death.
If this is the case, you may be able to hold the driver liable for causing your loved one’s death. If you can show that the driver was speeding or driving while drunk at the time of the accident, you may be able to hold them liable for the death.
Identifying the at-fault party is not always an easy task. There are many different aspects in play. For example, the outcome also depends on how your loved one was treated in the hospital after the injury. If they were not properly treated by the medical staff, their death could have been due to negligence by medical professionals who failed to diagnose or treat injuries properly.
If you are not sure whether the other driver was at fault or medical negligence was involved, consult with a Lexington wrongful death lawyer. An experienced attorney can investigate and help you determine liability.
Government Agency Negligence
If the death of a loved one was caused by negligence by a government agency, you might have a wrongful death claim. The government is responsible for protecting the safety of its citizens. If someone dies because of injury or illness caused by any act or omission on the part of a government agency, you may have grounds to file a wrongful death lawsuit against the at-fault party.
For example, if a police officer accidentally shoots an innocent bystander, causing their death, the deceased’s family may have grounds to file a wrongful death claim against the police agency. The family could claim that the officer’s negligence resulted in their loved one’s death and that should be liable for damages.
Medical Providers
One of the most common parties who may be liable in a wrongful death case is the medical provider responsible for treating the victim. If a medical professional fails to diagnose or treat the patient properly, they may be held responsible for the injuries that led to someone’s death.
The doctor and hospital who treated your loved one may have been negligent in some way. The negligence could have occurred during diagnosis, treatment, or surgery. The medical provider might also have been negligent by failing to warn the patient and their family about potential problems with the patient’s condition or by not following up with them after the medical intervention.
Final Thoughts
Losing a loved one is a painful experience and each family goes through a personal healing process. A compassionate wrongful death lawyer can offer support in taking legal action and help the surviving family members seek justice for their loss.
About the author: Irma C. Dengler
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.