Wrongful death in a hospital
5 Instances Where You Should Consider Hiring a Wrongful Death Attorney

5 Instances Where You Should Consider Hiring a Wrongful Death Attorney

August 13, 2021

Should you suspect that someone else’s negligent actions caused the death of your family member, you and your family deserve to seek compensation. At The Henry Law Firm, we are well versed in the wrongful death laws of Ohio. We can help guide you through all the legal proceedings surrounding initiating a wrongful death lawsuit. 

When you have lost someone you love, it is a terrible time in your life – especially if you have lost this person due to someone else’s negligent actions. According to the CDC, there are approximately 173,000 unintentional deaths each year. This figure translates to unintentional deaths being the third highest cause of death.

Are you wondering when you need to contact a wrongful death attorney? If so, we’ll explore five critical instances where you should consider hiring a wrongful death attorney. This article outlines these instances to arm you with the knowledge you may need to fight the legal battle ahead of you.

Negligence and Wrongful Death: Understanding the Correlation

First, we need to consider the correlation between negligence and wrongful death. In layman’s terms, negligence occurs when someone’s careless actions result in harm befalling a person or damage occurring to a property. For a person’s death to legally be considered a wrongful death, you will need to prove negligent (or intentional) action caused the death. If you cannot prove another’s fault caused the death, you won’t have a valid claim. 

Our firm works to establish and prove negligence in wrongful death cases. Should you suspect someone’s negligent actions have caused a wrongful death, you might want to consider contacting one of our qualified attorneys as you could have grounds for a lawsuit.

Is It Time to Hire a Wrongful Death Attorney?

Next, it’s time to explore five critical instances in which you should consider hiring a wrongful death attorney. One of these instances is likely the reason behind your loved one’s death. However, it’s important to remember that these are not the only instances which is why seeking legal counsel is beneficial regardless of your situation.

1. You Suspect Medical Malpractice

It might come as a shock, but medical malpractice is one of the leading causes of death in the United States. No matter what type of registered health care professional you are dealing with, they always owe you a duty of care. When this duty is breached, wrongful death can occur. 

Unlike other areas of law, medical malpractice is complicated to navigate. It is often challenging to prove that medical malpractice is the reason for someone’s wrongful death, but it isn’t impossible. Usually, there could be grounds for a medical malpractice lawsuit if an individual commits a medical error. A lawyer will consider a variety of mistakes, such as:

  • Improper site operation
  • Incorrect diagnosis
  • Surgical object(s) left in the body
  • Birthing errors
  • And more

2. You Suspect a Pharmaceutical Drug Error

Many wrongful death lawsuits arise from pharmaceutical drug errors. Pharmaceutical errors can occur when a pharmacist gives incorrect medicine or dosage instructions or when a doctor prescribes the wrong medication. 

Additionally, pharmaceutical errors can also transpire when a drug company fails to tell clients about the known side effects or tries to cover up a drug’s potentially harmful side effects. If any of these instances occur and result in death, it could be compensable as wrongful death.

3. The Deceased Was a Victim of Homicide

Homicide is the deliberate cause of another’s death. Intentional actions are a higher degree of fault than negligent actions. Accordingly, homicides are, by definition, wrongful death. The murderer will hopefully face severe criminal repercussions in prosecutions brought by the state, but the deceased’s family may also pursue a civil claim. That claim could be brought against the murderer or another party who had a duty to prevent the murder.

man affected by wrongful death in the workplace

4. The Deceased Was Involved in a Workplace Accident

If your family member was killed while at their place of work, you could have a valid wrongful death lawsuit. We understand that not every job carries the same risk. For example, those working in construction, law enforcement, and farming are more likely to die due to someone else’s negligence compared to those working in retail and office administration. 

However, it’s crucial to be aware that not every workplace death will constitute wrongful death. An attorney can work with you to uncover the exact workplace circumstance that caused the deceased’s wrongful death. In addition, your attorney can help you to understand whether your loved one’s death may be pursued as a worker’s compensation claim, a civil lawsuit, or both.

5. The Deceased Was the Innocent Party in a Car Crash

One of the leading instances where you should consider hiring a wrongful death attorney in Ohio is when there is a car crash. Many wrongful death lawsuits are brought after a loved one was killed in a car crash due to someone else’s negligent actions. 

Like other accidents, a vehicle accident is complex and can involve many different parties that could share the blame, such as:

  • The driver
  • Highway departments
  • The driver’s employer(s)
  • Manufacturers

Discuss Your Case Options With a Wrongful Death Attorney Today

If you suspect negligence to be the cause for your loved one’s death, you should consider hiring an Ohio wrongful death attorney. During your consultation with a qualified professional from The Henry Law Firm, you can discuss the details surrounding the case and ask them any pertinent questions you have. Often we can assist with evaluating evidence, and establish whether or not a client has a valid wrongful death claim. Should you be ready to consult an attorney, you can contact us today. 

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