In the United States, there are 169,936 unintentional injury deaths each year. Of those, 36,3338 are from unintentional falls, 40,231 from motor vehicle accidents, and 64,795 from unintentional poisoning.
Wrongful death is a death caused by negligence or wrongful actions. This is a non-intentional death that often results from accidents, work-related injuries, medical malpractice, and manufacturing defects.
There are numerous ways wrongful death cases occur. Let’s take a look at the legal requirements and types of cases that may qualify for a wrongful death lawsuit.
Legal Definition and Requirements
The legal definition of wrongful death in Hawaii is set forth by the Hawaii Revised Statutes Section 633-3, which states that wrongful death is any death caused by the wrongful act, neglect, or default of any person.
A wrongful death lawsuit in Hawaii can only be filed by the following persons:
- The personal representative/executor of the estate
- The surviving spouse of the deceased
- The reciprocal beneficiary of the deceased
- The deceased person’s children or parents
- Anyone who was financially dependent upon the deceased person at the time of death
The Statute of Limitations in Hawaii sets the time limit for filing a wrongful death lawsuit at two years from the date of the death. It is important to contact an attorney at the earliest possible date if you believe you have a wrongful death case.
Compensation from a wrongful death lawsuit can include coverage of expenses related to the injury and death, loss of future earnings, loss of consortium, and emotional distress.
Types of Wrongful Death Cases
There is a wide range of wrongful death cases that may be overlooked by the family of a victim due to the emotional trauma they are suffering. It is recommended that if you think someone’s actions may have caused the death of your family member, contact an attorney at the earliest possible date.
Motor Vehicle Accidents
Motor vehicle accidents are one of the most common causes of wrongful death. There are three areas of motor vehicle accidents, and each area varies slightly.
Car Accidents
The most common cause of wrongful death is car accidents. The most frequent reason a car crash occurs is negligent actions by a driver.
A driver’s negligence can be caused by driver distractions such as adjusting a radio, eating or drinking, checking a GPS, or talking on their cell phone. Other causes of negligence include speeding, reckless driving, road rage, intoxication, or a combination of those factors. Accidents can also be caused by road defects, road construction, and automobile defects.
Anyone at fault for any of the above may be held liable for the death of a person. That is why it is important to hire an attorney who will look at all the factors of the accident and determine if one or more persons or companies may be responsible for the death of your family member.
Semi-Truck Accidents
Semi-truck accidents fall into a separate category because their use is related to business. The vehicle is larger and more likely to cause death when it collides with a smaller vehicle. Accidents are often the result of the semi having mechanical issues, oversized loads, improperly secured loads, lack of maintenance, or drive error.
Whether the lawsuit should be filed against the driver, the company or both is a question an attorney will determine.
Motorcycle Accidents
These accidents are more likely to be the fault of the automobile driver, not the motorcyclist. What often happens is the driver of the vehicle fails to notice the motorcycle, resulting in a fatal accident. Motorcyclists can also crash due to hazardous road conditions or defects.
Medical Malpractice
Deaths related to medical malpractice are often the result of a misdiagnosis or failure to diagnose a condition. There is a wide range of areas in which medical malpractice may occur, including prenatal care, childbirth, cancer misdiagnosis, wrong diagnosis, and delayed or improper treatment.
Medical malpractice can also be due to a lack of informed consent, pharmaceutical errors, defective medical devices, or human error such as dispensing the wrong medication to a patient. Mistakes made during surgery are a common reason for an accusation of medical malpractice to arise.
Work-Related Accidents
Work-related accidents happen in all types of work environments. Accidents occur in factories, grocery stores, road construction crews, building construction, and more. There is no location or type of job that is safe from potential injury.
According to OSHA (Occupational Safety and Health Administration). 5,250 workers died on the job in 2018, an average of more than 100 a week or more than 14 deaths every day. Companies must follow the safety guidelines set forth by OSHA.
Work-related wrongful deaths can occur in manufacturing, transportation, due to asbestos and mesothelioma, barge and towboat accidents, railroad worker injuries, auto repair facilities, and more. Injuries can result from falls, being caught in or between machinery, structures or materials, being struck by an object, and more.
Manufacturing Defects
This can happen if a person dies due to a defect in a product. Product liability lawsuits are why manufacturers spend an extensive amount of time making sure each product operates properly and is safe for use. Despite the best efforts, defects due happen in motor vehicles, foods, pharmaceutical products, and children’s toys.
Pedestrian and Bicycle Accidents
About 2% of deaths caused by motor vehicles are bicyclists. The number of child deaths on bicycles has declined, but the rate of those who are 20 years of age and older has tripled since 1975.
Driver negligence is often the cause of a pedestrian or bicycle fatality. This can be caused by a lack of visibility or driver distraction.
Aviation Accidents
According to the Aviation Safety Network, 11 out of 20 fatal airplane accidents in 2019 happened in North America. From those accidents, a total of 283 people were killed. Five of those accidents happened in remote areas of Canada and Alaska.
Airplane crashes are often the result of pilot error. Other factors can be mechanical problems with the airplane or weather conditions.
Wrongful Death Lawsuits
A wrongful death case cannot bring your loved one back, but the settlement can help pay medical bills, funeral expenses, and missed income to support the family. If you have lost a loved one to wrongful death, contact the law firm of Brian Cummings.
The Cummings Law Firm has recovered more than $25,000,000 for their clients. The testimonials of past clients will assure you that you will receive the best representation available. Contact The Cummings Law Firm and schedule a consultation today.
