Wrongful Death Lawyer Medford, OR
If an individual dies as a result of someone else’s negligence or recklessness, this can be considered a wrongful death and you should seek the help of a Medford, OR wrongful death lawyer from Andersen Morse & Linthorst. The estate of the deceased may file a wrongful death claim in order to receive compensation for financial and emotional damages. The court will appoint someone to represent the estate, usually a close family member. If the deceased had a will, the court may select the executor as the representative for the estate in a wrongful death case. If you have any questions regarding your role in this wrongful death claim, please call our firm to speak with a wrongful death lawyer in Medford, Oregon now.
There are four primary components that must be proven in order to win a wrongful death lawsuit.
- Negligence — the representatives for the estate must prove that their deceased loved one died as a result of the carelessness, recklessness, or misconduct of the defendant.
- Breach of Duty — In order for your case to be successful, your Medford, OR wrongful death lawyer must prove that the defendant was expected to act in a certain way, or maintain a duty toward the victim. The easiest way to explain this is to use an automobile accident as an example. The defendant is expected to abide by the rules of the road when driving. That is their ‘duty’. If the defendant runs a red light, drives recklessly or distractedly and as a result crashes their vehicle and kills your loved one, the defendant is said to have breached their duty. Another example is in the health profession. The provider has a duty to treat the patient in a manner expected by other physicians providing the same service. When that duty is breached and the patient dies, suing for wrongful death could be explored.
- Causation — If there was a duty and that duty was breached, the plaintiff has to prove that the negligence of the defendant was the cause of the death of their loved one.
- Damages — As a result of the negligence and breach of duty, the deceased must have created a significant amount of expenses such as:
- Medical expenses
- Funeral expenses
- Loss of income
- Loss of future Earnings
- Pain and suffering prior to their death
- Loss of support to spouse
- Loss of support to minor children
- Loss of consortium
All four of these conditions must be proven to win a wrongful death lawsuit. A wrongful death lawyer at Andersen Morse & Linthorst is skilled in wrongful death cases and can meet with you to discuss your particular case and how they can help.
Most Common Wrongful Death Causes
A wrongful death claim can arise out of many causes, including:
- Car accidents
- Motorcycle accidents
- Defective products
- Medical malpractice
- Occupational hazards and/or exposure
- Birth injuries
- Abuse and neglect at assisted living facilities and nursing homes
- Directly supervised programs such as field trips and day care
Top 3 Most Common Causes of Wrongful Death
As noted above, there are some causes of wrongful death that are more common than others. Getting justice in one form or another when someone you love dies is a normal need. In some instances, it is simply not possible. A death due to illness or an unexpected medical event is something that happens.
However, there are times when a person’s death is not natural. When a person dies because of someone else, there may be a way for the family to get compensated for it. A wrongful death lawsuit is filed against a person when their negligence caused the death of an innocent party. The negligence may be due to a blatant violation of a law or rule, or it may be caused by more indirect means. Take a look at three of the most common causes of wrongful death to see if it may apply to your loved one’s situation.
Probably the most common way for accidental death to occur is during or immediately following a car accident. It is important to note that when someone is injured during a crash and those injuries eventually lead to their death, the reckless party may be subject to a wrongful death suit. This means the death did not have to happen immediately. If at any point the victim dies, the matter qualifies.
The most deadly vehicle crashes are those involving semi-trucks. The sheer weight and size of a tractor-trailer are enough to cause a catastrophic collision with another vehicle. Many times, the occupants of the car and perhaps the truck do not get to walk away from these types of accidents. Keep in mind that any vehicle crash where one person is either driving recklessly or is intentionally breaking the law may qualify for a wrongful death action.
When a doctor or nurse makes a mistake while caring for a patient, the results are frequently severe. Allergic reactions to the wrong medication, surgical errors, and missed diagnoses are some of the reasons patients die during medical care. If a medical provider does not perform their job as they should, and a patient is hurt or dies in the process, then a wrongful death lawsuit may be warranted.
3.Accidents at Work
Work accidents happen every day, and depending on how and where, they may take a deadly turn. Construction sites are full of hazards such as fall hazards, possible electrocution and crush injuries. Factories, too, offer a high level of risk if machines are not operated properly. If someone else’s recklessness on the job results in death, they may become the target of a lawsuit.
Contact a Wrongful Death Lawyer Medford, OR Residents Trust
The attorneys at Andersen Morse & Linthorst understand wrongful death claims and will work hard to best represent the estate of your loved one. It is essential to select an attorney who will protect the rights of your family and your loved one’s estate by providing quality representation and building a solid case proving the four components of the wrongful death lawsuit. Contact a Medford, Oregon wrongful death lawyer today.