Wrongful Death? How to Know If Your Relative’s Death Was a Case of Negligence

Originally published by Bob Kraft.

Many individuals unfortunately lose their lives each year because of negligence. Negligence is typically an unintentional or intentional action, and the result is injury or death that could have been prevented if the negligent party had taken reasonable preventive steps. Construction negligence as well as medical negligence are two of the most common types that affect individuals. If you have recently lost a loved one, you understandably may be wondering if the incident was caused by negligence and if you have a case for pursuing justice through the courts.

Learn More About What Happened

Before you can determine if you should file a personal injury lawsuit against a medical professional, an employer or another party, you need to gain a better idea about what happened. Read medical reports and police reports that are available. Speak with nursing staff, co-workers or others that may have first-hand knowledge about what happened. Take notes, and gather any written evidence that you can find as you proceed.

Educate Yourself About the Law

Some cases of negligence are the result of legal violations. For example, an employer may have been required to provide workers with at least basic safety equipment, and they may have been negligent of following this law. Not all negligence issues are legal violations, however. For example, a doctor who performed a surgery after being awake for more than 24 hours may have been negligent in a medical malpractice issue, and that doctor should have rescheduled or asked another professional to do the procedure.

Understand the Steps That Should Have Been Taken

Negligence is a possibility or a probability when an individual failed to take action that should have been taken. This may have been an oversight, or it may have been intentional. You may need to speak with others to learn about standard practices, accepted hospital procedures and more. By doing so, you can better determine if you have a legal case worth pursuing.

Consult With an Attorney

Some deaths are unfortunate, and nobody is to blame for the event. However, as you have walked through these steps for a construction accident or medical malpractice event, you may have grown increasingly frustrated or angry by learning that your loved one’s death could have easily been prevented if only someone had taken reasonable measures to protect his or her life. Consult with an attorney, such as one from Sackstein, Sackstein & Lee, LLP, to learn more about the strength of your case and to determine the best course of action.

The loss of a loved one can be traumatic, and it can also create financial strain for surviving family members. A lawsuit may enable you to recoup funds to pay for medical bills, to supplement lost wages and more. Follow these steps to determine if pursuing legal action is the right move to make.

Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.

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