Fatal Injuries that Might Lead to Wrongful Death Claims

 Posted on October 16, 2023 in Wrongful Death

If a loved one suffered an untimely death, no matter the cause, you may be able to pursue a wrongful death claim. As a family member, you deserve compensation for your grief and financial losses.

In Illinois, you must pursue a wrongful death claim within two years of the person’s death, with more time given in certain situations.

If this describes your situation, you need a Winnebago County wrongful death lawyer. 

Proving Wrongful Death

To prove wrongful death, you must show that a person behaved negligently. A successful wrongful death claim requires that you show that a person acted carelessly, either through an act or omission, which caused your loved one’s death. 

Four elements must be satisfied to prove wrongful death:

Duty of Care

The wrongful party had a duty to keep the victim safe. For example, a motorist has an obligation to follow traffic regulations to keep other road users out of harm’s way.

Breach of Duty

A party must breach their duty to the victim by either doing something or failing to do something to prevent the other person's harm. 

Causation

The defendant’s negligence must contribute significantly to the victim’s death. To satisfy causation, the plaintiff must prove both factual and proximate causation. 

Factual causation requires you to show that the defendant’s negligence caused the victim’s death. You must demonstrate that the defendant set the events in motion that caused the victim’s death. In proximate cause, it must be foreseeable that the defendant’s actions caused the victim’s passing.

In some cases, the same party may not be both the factual and proximate cause of a person’s death. For example, a person may suffer serious injuries in a motor vehicle accident. When the paramedics arrive on the scene, the accident victim is suffering from chest pain. The paramedics failed to ask the accident victims if they were allergic to any medications. The paramedics administer nitroglycerin, causing the accident victim’s heart rate to increase, ultimately leading to death. 

In this scenario, the driver who caused the accident would be the factual cause of the victim’s death. However, the paramedics would most likely be found to be the proximate cause of the victim’s demise.

Damages

You will need to demonstrate that you suffered measurable losses due to your loved one’s passing. You may be able to receive compensation for funeral and burial costs, medical bills for life-saving attempts of your family member prior to dying, or if you relied on that person for financial support.

A Rockford wrongful death lawyer will be able to review your case and advise you on what damages you may be able to recover.

Common Types of Wrongful Death Claims

A wrongful death claim can arise from various situations. A wrongful death suit most commonly occurs in the following situations:

Motor Vehicle Accidents

In 2022, Illinois was home to 1,280 traffic deaths, with an estimated 43,000 people dying from motor vehicle accidents nationally. 

Speeding, drunk driving, distracted driving, reckless driving, construction sites, and road defects can all lead to car accidents. A car accident victim may suffer spinal cord injuries, whiplash, head injuries, internal bleeding, and rib fractures.

Drowning

Drowning is the third-leading cause of unintentional injury deaths, with about 236,000 people dying annually worldwide. 

While a person may suffer a near-drowning, the body may still be deprived of oxygen for an extended period of time, causing brain damage and damage to internal organs. These injuries are usually irreversible and can result in eventual death.

Defective Products

Everyday products may be deemed dangerous or unsafe. Common defective products include children’s toys, medications, household appliances, motor vehicle defects, and cleaning products.

Common injuries may include burns, lacerations, broken bones, spinal cord injuries, and choking.

Medical Malpractice

Medical professionals, including doctors and nurses, can make mistakes, too, resulting in fatal injuries. These injuries can be horrific, resulting in brain death, excessive bleeding, and paralysis, to name a few.

Common examples of medical malpractice may include surgical errors, misdiagnosis, delayed treatment, dispensing the wrong medication, and birth injuries.

Construction Accidents

Construction workers may suffer from falls, being struck by an object, being caught in between two objects, and even electrocutions. Each year, 300 to 400 construction workers fall to their deaths.

If a construction worker is lucky, the individual may only suffer broken bruises, bruises, or a concussion. Sadly, many workers suffer untimely deaths while on the job.

A Rockford, IL, Wrongful Death Lawyer Seeking Justice

Nobody should have to go through the agony of losing a loved one. While compensation cannot heal your wounds, our Winnebago County, IL, wrongful death attorneys feel that those who are responsible for your loved one’s death should be brought to justice. Contact Mannarino & Brasfield, A Division of Schwartz Jambois, today online or by calling 815-215-7561 to schedule your free consultation.