A wrongful death means there was negligence at some point. A wrongful death attorney explains the types of negligence often seen in wrongful death cases.
Vehicular Negligence
The leading cause of wrongful deaths in Texas is related to vehicles, i.e., traffic accidents. This generally means that someone has failed to drive safely and caused a fatal accident. Common examples of vehicle or negligence would be speeding, distracted driving, and driving under the influence of alcohol or drugs. Proving vehicular negligence can be straightforward, though it very much depends on the circumstances.
Medical Negligence
Medical negligence, often referred to as medical malpractice, means the failure of healthcare personnel to perform their duties properly in caring for a patient. This could mean, for example, misdiagnosing a condition, prescribing the wrong medication, or performing surgery incorrectly. Proving medical negligence is often complex and, therefore, fairly challenging.
Product Liability Negligence
Product liability negligence is when a fatal injury occurs due to the defective design, incorrect manufacture, or misleading marketing of a product. For example, faulty car parts, dangerous consumer goods, or defective medical devices all have the potential to cause death or a fatal injury.
Premises Liability Negligence
If a location is not maintained properly and leads to a fatal accident, the property owner or the property manager can be held liable. This type of negligence can occur both in residential and in commercial properties: for example, inadequate lighting, wet floors or icy ground leading to slip and fall incidents, or poor security which encourages violent crimes.
Workplace Negligence
Workplace accidents are frequent in industries like oil and gas, as well as other workplaces. Unsafe working conditions, the failure to provide safety equipment, and even inadequate training of employees may lead to fatalities for which an employer may be held responsible.
Additional Considerations
There are, of course, many other scenarios in which unintentional negligence may lead to a wrongful death. (For example, prescription errors may lead to drug overdoses or the improper storage of a firearm may lead to its accidental discharge.) The five types listed above are simply the most common.
If there is a criminal act involved, such as reckless driving that leads to death, the line between intentional conduct and negligence can be somewhat blurred. It is very wise to engage legal counsel to advise you and your family as to whether you should file a wrongful death lawsuit with a civil court. You can learn more here.
There are many types of negligence which could cause death or a fatal injury. If you are dealing with the loss of a loved one and are certain or suspect that negligence was a factor, reach out to an attorney for legal advice and guidance regarding Texas law regarding who may seek compensation for a wrongful death.
