Wrongful Death Suits: Can You File Against a Business?

The unexpected loss of a loved one is a shocking and uncertain time for the families of wrongful death victims. You may feel even more overwhelmed if you believe a business or large corporation had a hand in their death, but do you have any recourse for what happened?

There are cases where an individual can bring a wrongful death lawsuit against a business. The circumstances that make this type of claim possible are not as rare as you might think. Businesses have a responsibility to protect the well-being of their employees and society as a whole. They must also take reasonable steps to shield individuals from harm.

If a business fails to uphold its legal duty and you or a loved one suffers serious or fatal harm, you may be eligible to file a lawsuit for what was taken from you.

Here are several common scenarios that could necessitate a wrongful death claim against a business:

Workplace Injuries

Cases of wrongful death in the workplace can be tricky. Your ability to file a suit is contingent upon whether your loved one’s employer carried workers’ compensation insurance. If so, you may be able to collect compensation from that program, but unable to file a lawsuit. If they were not insured you may be eligible to bring a wrongful death claim against the employer for the loss of your loved one.

Car Accidents

Faulty vehicles or defective parts are common factors in car accidents. When a person dies because of a defective vehicle or vehicle parts, surviving family members may have the ability to bring a wrongful death lawsuit. An experienced attorney can help you to hold the at-fault party or parties financially responsible for their loved one’s death, including corporations.

A recent example of these types of cases can be seen in the General Motors recalls linked to the deaths of at least 13 people, and potentially thousands of others have the option of seeking compensation for the injuries they suffered as a result of the company’s negligence.

Premises Liability Injuries

Property owners and non-owner residents have a duty to keep customers and other legal visitors safe while on their premises, and in some cases this duty extends to the businesses the property owner answers to. While structural hazards are the responsibility of the property owner, temporary hazards like wet floors can cause slip-and-fall accidents, and they are the direct responsibility of the business. If your loved one died as a result of a temporarily unsafe condition, you may have grounds to file a claim against the business.

Medical Malpractice

While each case is different, most medical malpractice cases are brought against an individual healthcare professional. In some instances, a hospital or other healthcare facility may be found negligent, in which case the business entity would be liable for the death of your loved one.

Consulting a Wrongful Death Attorney

Determining liability requires a deep knowledge of the laws surrounding each of these types of cases. Consulting a reputable personal injury lawyer is the most effective way of deciding the next steps that you should take to pursue justice for the one you lost.

To consult our attorneys, contact Anderson, Cummings & Drawhorn, LLP by calling (817) 920-9000 today.

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