The death of a loved one is often an unexpected, tragic event. This occurrence is made even more painful when the death is a result of somebody else's negligence or willful misconduct that could have been prevented. After you have recovered from the initial shock, you should consider the circumstances surrounding your loved one's death. If you suspect that a person or an organization might be liable for your loss, you should talk with an experienced wrongful death attorney.
The attorney will listen to you as you explain the situation, evaluate your legal options, and recommend the most appropriate course of action. In some situations, it might be in your best interests to file a wrongful death lawsuit. The following is a list of three situations in which lawyers often recommend filing a wrongful death lawsuit.
1. Your loved one was killed by a defective drug. The manufacturers and distributors of drugs and medical devices have a duty to offer reasonably safe products to the public. If they fail to fully research the medication before introducing it to the market, conceal significant side effects or fail to remove the product when they learn about side effects, they might be liable for the consequences. This means that the pharmaceutical companies might have to provide adequate compensation for internal and external injuries, emotional distress, lost income and wrongful death of individuals who took the tainted drugs. Many defective drugs deaths in recent years have been attributed to aggressively marketed medications such as Vioxx, Bextra, Avandia, Hydroxycut and Fen-Phen.
2. Your loved one died of mesothelioma. Until Congress outlawed asbestos several decades ago, it was used widely in construction, insulation and military applications. As a result, millions of unsuspecting victims were exposed to the substance. Alarmingly, asbestos exposure has been linked to the onset of asbestosis and mesothelioma-two serious diseases. If your loved one died due to mesothelioma, you should talk with a wrongful death lawyer. Often, the link between asbestos exposure and your loved one's illness might be obscure due the passage of 50 or 60 years between exposure and the onset of symptoms. A resourceful attorney can help you investigate the possible asbestos exposure and recover just compensation for you emotional suffering, lost companionship and diminution in lifestyle.
3. Your loved one was killed in a car crash. Motor vehicle accidents happen every day. While some of them are purely accidental occurrences, others are caused by somebody's negligence or willful wrongdoing. For instance, drivers operating their vehicles while under the influence of alcohol or drugs (DUI) might be held responsible for the injuries and deaths resulting from their actions. In addition to the fault of drunk drivers, some accidents are caused by faulty vehicle design or manufacturing flaws. Some notorious examples include sudden acceleration due to mechanical failures in Toyota vehicles and propensity toward rollovers in many SUVs. If your loved one's death was caused by a defective vehicle, your attorney might recommend filing a defective products death lawsuit to recover rightful remuneration.
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