A wrongful death suit can be filed as a personal injury case. A wrongful death suit can allow the family or care taker of the deceased to claim damages for emotional and financial woes caused to them due to the plaintiff's role in the deceased's death. Throughout the course of this brief article, you will learn of a few situations where you can file for a wrongful death suit.
If a vehicle manufacturer is found to be distributing a vehicle part, aftermarket accessory, or even an entire faulty vehicle without recalling it, then they can be held liable for damages in a wrongful death suit if an individual died due to any of the above factors contributing to their death. If an auto manufacturer knowingly allows such parts to go to market, then they may be held responsible for even more damages, particularly punitive damages. Intent must be established in such cases, and if the vehicle manufacturer claims negligence on their behalf, then chances are they will not be levied with punitive damages unless there is solid proof that can claim otherwise.
Faulty Roadway Design and Road Construction
If a person has perished due to the design of roadway (and not merely the construction) contributing to their death, then the entity involved in the design of that roadway can be held liable for damages if he or she is sued via a wrongful death case. In most cases, this is a particular state's Department of Transportation. There are cases where an external design firm is involved in the design of such roadways, in which cases they too can be held liable for damages. In the case of road construction, the state's Department of Transportation can be held responsible for damages in almost every case in which construction played a salient role in someone's death.
If a person was negligently driving, then he or she can be held responsible for damages. Establishing negligence in these cases usually involves proving that the defendant was driving negligently or recklessly. If an individual was driving with reckless abandon, this means that he or she had no intent of killing someone, but may have been breaking the laws in such a way that no reasonable person would think of doing, such as driving high above the speed limit.
If you believe that someone -- or an institution -- can be held liable for damages due to a loved one suffering from a wrongful death at their hands, then it is highly recommended that you speak to a local and trusted personal injury or accident attorney.Share