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HOW WRONGFUL DEATH MAY OCCUR
Doctors have a responsibility to monitor the health conditions of their patients. This includes knowing the risks of medication and making certain that they do not misdiagnose, delay, or improperly treat illness; fail to administer medication when necessary; or fail to provide post-treatment care.
Speeding, driving while intoxicated, reckless driving, or distracted driving are considered negligent actions and place the at-fault driver in a position of responsibility. Your attorney can help you determine if the driver of the vehicle that caused death should be held liable in a monetary lawsuit.
Safeguards set in place by government oversight and regulations are often imperfect, resulting in defective and potentially dangerous items reaching unsuspecting consumers. These products can include automobiles whose brakes fail, medical devices that do not perform well, and household chemicals that become deadly.
Because of the importance and chemical potency of prescription medications, there is little room for error. Both the manufacturer and the pharmacy are fully responsible for any error on their part. If their mistake causes cardiac arrest, internal bleeding, brain trauma, poisoning, or disruption of normal bodily functions, resulting in death, the families of the victim may be entitled to financial compensation for their loss.
Despite the risks, a person’s workplace should be safe. If your loved one dies from company negligence, employers may be held legally liable for wrongful death.
* While these are not the only causes of wrongful death, these are very common.
Evidence of a relationship between the dead individual and the person who was supposed to be caring for him or her, which indicates the duty of the latter person to provide that care (e.g. a doctor).
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Idaho limits non-economic damages to $250,000 per person. In the case of wrongful death, these non-economic damages include compensation for the loss of care, love, and society. Pain and suffering damages, though, are not awarded in wrongful death claims.
The deceased’s spouse, children, stepchildren, and parents have the right to file a lawsuit. Children can claim loss of guidance and parenting. Meanwhile, a spouse may receive damages involving loss of companionship.