It could never happen to me.
We may not say these words out loud, but that’s how most of us feel when it comes to all of the terrible things a person can experience. A house fire. A terminal illness. The sudden loss of a loved one. These are things that happen to other people, or at least that is the understanding we live out our daily lives with.
Then one day, the unexpected happens, and everything changes.
Unexpectedly losing a loved one is a unique type of suffering. Though it’s true that everyone’s life is limited, we always think we’ll have more time. That we will know when it’s coming so we can prepare. We believe we’ll have the chance to say goodbye.
Unfortunately, that’s not always how it goes, and you find yourself left alone with a mix of unbearable emotions. In addition to sadness, you may feel guilty that you’re still here when they’re not. You may feel scared of a future without them. And if their death was caused by someone else, you may feel anger and a sense of injustice.
When someone dies because of the actions or negligence of another person or party, it’s called wrongful death. If you or someone you know is suffering due to the wrongful death of a loved one, it’s important that they understand the legal precedence, their personal rights, and the types of wrongful death can occur.
Identifying the Most Common Types of Wrongful Death
In order to understand this subject, it’s important to understand the patterns that lead to a wrongful death. While a wrongful death can be caused by a wide variety of circumstances, they can generally be organized into overarching categories. These are the most common types of wrongful death that occur.
Commercial Truck and Car Accidents
Car and truck accidents remain one of the leading causes of wrongful death in Ohio and across the country, and one of the most common types of wrongful death. The National Highway Traffic Safety Administration (NHTSA) reports that over 42,000 people died in motor vehicle crashes in the U.S. in 2022, and many of those deaths were directly caused by negligent or reckless driving behaviors.
While some crashes are truly unavoidable, far too many result from human error, often from one moment of carelessness that changes lives forever. These include:
- Distracted driving (texting, eating, etc.)
- Driving under the influence of drugs or alcohol
- Fatigued or drowsy driving
- Speeding or reckless driving
- Poorly maintained commercial vehicles
- Inadequate training of commercial truck drivers
Due to the sheer size of commercial trucks and the vulnerability of smaller vehicles, trucking accidents are much more likely to result in severe injuries or fatalities. When that happens, surviving family members may have the right to pursue legal action against both the driver and the company involved.
Motorcycle, Bicycle, or Pedestrian Accidents
People who walk, ride bicycles, or operate motorcycles are at significantly greater risk of fatal injury on the road. According to the Insurance Institute for Highway Safety (IIHS), pedestrians accounted for 18% of all traffic deaths in 2022, and more than 6,700 pedestrians were killed that year alone.
Motorcyclists and bicyclists face similar dangers, especially when drivers fail to yield, speed through intersections, or fail to check blind spots. Without the protection of a vehicle frame, helmet or not, these individuals are highly vulnerable to fatal injuries upon impact.
In many cases, the driver responsible may claim they “didn’t see” the person they struck. But not seeing is not an excuse; it is negligence. Failing to observe the road and surroundings results in this being one of the more common types of wrongful death.
Medical Malpractice
Most healthcare providers take their work seriously. They are trained to follow safety protocols and provide quality care. But even in respected hospitals and clinics, mistakes happen. When those mistakes are caused by preventable errors, lack of communication, or failure to follow protocol, the results can be deadly.
A wrongful death case may arise when:
- A diagnosis is delayed or missed entirely
- Surgical errors result in fatal complications
- Medication is incorrectly prescribed or administered
- A nurse or staff member fails to monitor a patient properly
- A birth injury leads to the death of a newborn or mother
- Infections or illnesses are left untreated
Medical malpractice cases are often complex and require expert testimony, detailed record reviews, and an understanding of medical standards of care. As far as common types of wrongful death go, this can be the most difficult to litigate.
Workplace Accidents
Most of us assume that our workplace is safe, or at the very least, reasonably protected. Employers have a legal obligation to follow safety regulations, provide adequate training, and maintain equipment. But not all do, which is why you’ll find workplace accidents listed in the most common types of wrongful death.
In industries like construction, warehousing, manufacturing, and transportation, hazards are part of the job. Falls from heights, heavy machinery malfunctions, exposure to toxic chemicals, or failure to follow OSHA standards can all result in serious injury or death.
If an employer, contractor, or third-party entity failed to provide a safe environment and that failure led to a fatality, the family may have a valid wrongful death claim. Sometimes these cases overlap with workers’ compensation benefits, but in many cases, a civil wrongful death action may also be pursued against negligent third parties.
Product Liability
When we buy a product, whether it’s a household appliance, a vehicle, a toy, or a medication, we expect it to be reasonably safe when used as intended. Unfortunately, defective or dangerous products kill hundreds of people each year.
Wrongful death claims related to product liability may involve:
- Dangerous drugs or medical devices
- Faulty vehicle components like brakes or airbags
- Flammable household products
- Poorly designed children’s products or toys
- Electronics that cause fires or explosions
Manufacturers, distributors, and retailers can all be held liable if it can be shown that they released a product with a defect in design, manufacturing, or labeling. Families who are coping with wrongful death due to a product failure often find themselves in the difficult position of going up against large corporations. This is why you need to have experienced legal representation on your side.
Why You Should Always Speak to an Attorney, No Matter the Cause
We truly hope wrongful death is one of those things a person never experiences. If it does, however, you need to make sure you take the appropriate actions. This starts with contacting an experienced wrongful death attorney.
Whether your case falls within one of the common types of wrongful death, or it’s more unique, it’s likely that you have a complicated journey ahead of you. It is a guarantee that the other party will have legal representation. It’s critical that you do the same. The earlier you speak to an attorney, the more likely you are to receive the full compensation you are owed.
There’s no easy path forward, but an experienced attorney can ensure you take the right steps on that journey. Whether your loved one was lost in a crash, a hospital, a job site, or due to a defective product, you have legal rights that deserve to be protected.
At The Richards Firm, we are proud to represent grieving families in Cincinnati, Hamilton, and Northern Kentucky. While we don’t handle cases involving medical malpractice, we’re happy to answer questions and guide you to someone who can. Our goal is to ensure you’re heard while making a complex legal system a little more accessible.
For a wrongful death attorney in Hamilton and Greater Cincinnati, contact The Richards Firm. Give us a call at 513-461-0084 or click here to schedule your free consultation.