The Most Common Causes of Wrongful Death Lawsuits
Wrongful death occurs when someone’s negligence or intentional actions lead to a person’s untimely death. These events have a devastating effect on family members. If you’re a survivor to the victim, you have the right to seek compensation for your loss in a process that’s regulated by state law. An Atlanta wrongful death lawyer can provide additional support and legal guidance during this difficult time.
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of wrongful death. There are several types of negligent behavior linked to motorcycle accidents that can cause these tragic events.
Distracted Driving
Despite Georgia’s hands-free driving law aimed at reducing accidents, distracted driving remains a critical concern. When a driver diverts their attention from the road for even a few seconds, it can have catastrophic consequences. In a wrongful death lawsuit, proving that a driver was distracted can be pivotal in establishing liability.
Driving Under the Influence (DUI)
In Georgia, strict laws are in place to penalize impaired driving, yet it remains a persistent issue. Driving under the influence (DUI) of alcohol or drugs is a leading factor in fatal accidents and a significant cause of wrongful death claims in Atlanta. Impaired drivers pose a severe threat to road safety because driving under the influence drastically affects key driving skills such as judgment, reaction time, coordination, and depth perception.
Vehicle Defects
Vehicle defects are a significant contributor to wrongful death claims in Atlanta. Faulty vehicle parts or manufacturing errors can lead to fatal accidents, making manufacturers potentially liable. Defects—such as malfunctioning brakes, steering failure, or faulty tires—can turn a routine drive into a deadly event.
Establishing liability in wrongful death due to vehicle defects involves thorough investigation and often requires professional analysis to demonstrate the flaw in the vehicle and its impact.
When the families of victims pursue legal action in these cases, it forces manufacturers to address these defects, thus reducing the chances for others to experience and suffer through needless fatalities.
Medical Malpractice
Medical malpractice fatalities occur when a medical professional fails to follow the standard of care, and a patient dies as a result. There are several types of negligent behavior that lead to medical malpractice.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis and delayed diagnosis are frequent causes of wrongful death. When a medical professional fails to accurately diagnose a serious condition, or when the correct diagnosis isn’t reached in a timely manner, the patient may not receive the necessary treatment in time. Wrongful death lawsuits arising from misdiagnosis or delayed diagnosis focus on proving this breach and its direct impact on the patient’s demise.
Surgical Errors
Surgical errors include operating on the wrong site, operating on the wrong patient, anesthesia errors, communication errors, or leaving instruments inside the patient, all of which can have dire consequences.
Medication Errors
Medication errors, such as administering the incorrect dosages or providing the wrong prescriptions, can lead to adverse reactions that are often fatal.
Workplace Accidents
Workplace hazards, particularly in high-risk industries like construction and manufacturing, frequently result in wrongful death. Employers have a responsibility to follow safety regulations and take precautions to protect workers.
Falls From Heights
Falls from heights occur due to inadequate safety measures, such as a lack of proper harnesses, guardrails, or scaffolding. The Occupational Safety and Health Administration (OSHA) sets standards to prevent such incidents, emphasizing the need for strict adherence to safety protocols. In wrongful death lawsuits related to falls, establishing liability often involves demonstrating that the employer failed to provide a safe working environment.
Machinery Accidents
Heavy machinery that isn’t properly maintained or operated poses substantial threats to worker safety, often leading to fatal accidents. These risks are exacerbated when safety protocols are ignored, or there is inadequate training. Wrongful death claims related to machinery accidents often focus on negligence, highlighting failures such as lack of safety guards or inadequate supervision.
Exposure to Hazardous Substances
Industries such as manufacturing, chemical processing, and construction frequently involve materials that pose significant health risks. For example, exposure to toxic substances can result in severe health conditions, including respiratory diseases, cancers, and other fatal illnesses.
Wrongful death lawsuits related to hazardous exposure often highlight the employer’s negligence in failing to implement adequate safety measures or provide proper protective equipment. Establishing liability in these cases requires demonstrating that the employer did not adhere to safety standards or did not adequately inform employees of the risks involved.
Defective Products
When consumer or industrial products fail to meet safety standards, the results can be fatal.
Product Design Flaws
Design flaws in consumer products occur when a product’s design inherently poses a danger to users, regardless of how well it is manufactured. Wrongful death lawsuits related to design flaws focus on proving that the product’s design was defective and directly caused the fatality.
Manufacturing Errors
Errors in manufacturing occur when faults are introduced during the manufacturing process, leading to defective products that can be fatal to users. These errors might involve incorrect assembly, use of substandard materials, or failure to adhere to design specifications.
Inadequate Warnings
Manufacturers have a responsibility to provide clear instructions and warnings about potential risks associated with their products. When warnings are insufficient or absent, consumers may unknowingly use products in a manner that leads to injury or death.
Nursing Home Abuse and Neglect
Physical abuse in nursing homes is a grave issue that can lead to wrongful death.
Physical Abuse
Elderly residents are particularly vulnerable, and physical harm inflicted by caregivers can result in severe injuries or fatalities. Signs of physical abuse include unexplained bruises, fractures, or lacerations, which all often indicate a pattern of mistreatment. Wrongful death lawsuits focus on holding the responsible parties accountable—including individual caregivers and the institution itself—for failing to protect residents.
Neglect of Basic Needs
When caregivers fail to provide adequate nutrition, hydration, or medical care, residents’ health can rapidly deteriorate, resulting in severe consequences, including death. This form of neglect highlights a breach of duty by those responsible for elderly care. In these cases, wrongful death lawsuits focus on proving that the neglect directly contributed to the resident’s death.
Premises Liability
Everyone has a duty of care to avoid actions that may cause reasonably foreseeable harm to others. More specifically, businesses, landlords, and property owners have an obligation to maintain a safe environment for residents, employees, and guests.
Slip-and-Fall Accidents
Slip-and-fall accidents are a leading cause of premises liability claims. These events occur when a person slips, trips, or falls due to unsafe conditions on someone else’s property. Common causes include wet floors, uneven surfaces, poor lighting, and obstructed walkways.
Inadequate Security
Inadequate security claims result when property owners fail to provide sufficient safety measures, leading to wrongful death. These events often occur in places such as apartment complexes, parking lots, or commercial establishments, where criminal activities could have been prevented with proper security.
Proving inadequate security involves demonstrating that the property owner neglected to implement reasonable precautions, such as installing surveillance cameras, hiring competent security personnel, or maintaining adequate lighting.
Speak With One of Our Atlanta Wrongful Death Attorneys
Butler Prather LLP has been getting justice for surviving family members in Atlanta for over 35 years. We have won over a billion dollars for our clients—but you won’t owe us anything unless we win you a settlement! Call Butler Prather LLP at (706) 322-1990 to schedule a free consultation today.