Losing a loved one is never easy. The feelings of injustice can multiply when it is discovered that the death could have been prevented. A wrongful death is a death that occurs due to any negligence or intention where the person would have been able to recover damages. Wrongful deaths can happen anywhere; however, some causes are more common than others.
In a 2021 report by the Missouri State Highway Patrol, automobile accidents were the cause of 1,012 deaths, a two percent increase from the previous year. The most common causes of car accidents resulting in wrongful death include:
- Distracted Driving
- Alcohol Impairment
- Reckless Driving
- Driving at Night
Product liability refers to holding manufacturers or sellers liable for any personal injury caused by a defective product. Product liability claims totaling almost $28 million were settled in 2020, with the most common being asbestos and appliance-related. A death that occurs due to a product can happen as the result of three causes:
- Defective Manufacturing
- Defective Design
- Failure to Warn
According to Missouri law, every employer must carry workers’ compensation insurance. Having this insurance grants them a form of immunity from lawsuits pertaining to injuries and death, even if they displayed negligence. A wrongful death claim stemming from a workplace accident would instead seek out a third-party, such as a manufacturer of equipment, to file a lawsuit against. *Note: Workers’ Compensation provides benefits to survivors of the deceased.*
Product defects, in general, are an overall cause of wrongful death; however, a specific type of defect continuing to grow in the country is medication errors. Medication is a product that could very well mean life or death for some people. Every year, between 7,000-9,000 people die due to pharmaceutical injuries. Injuries from medication can be caused by:
- Defective drugs
- Improper dosage
- Wrong type of medication
Premises Liability Accidents
Every property owner is obligated to ensure their premises are as safe as possible. When a death occurs as the result of a property owner’s inadequate safety measures, a premises liability case will look at two categories.
Defective Conditions - This could refer to hazardous walkways, improperly installed machinery and exposed wires, among others.
Inadequate Security - A property owner should do everything in their power to ensure every person is protected from harm. Death due to insufficient security can range from improper warnings resulting in a slip and fall to being physically assaulted.
Missouri Wrongful Death Attorneys
The wrongful death attorneys at Kolker Law Firm are committed to helping you receive compensation following your loved one’s passing. Money will not bring them back; however, we believe it can ease the injustice and difficulties you and your family face.
Don’t hesitate to reach out. Contact us by going to our website and filling out a consultation form or call us at (314) 684-8285.