Wrongful death claims arise when one loses their life through the fault of another. A child drowning in a neighbor’s swimming pool because the neighbor failed to have a properly fenced pool to protect children is an example.
Another example: an overweight, middle aged to older man who smokes has chest pains and goes to his doctor or the emergency room. He is told he needs a stress test to check his heart function, but instead of doing it right then, he is told there is no rush, make an appointment to come back. He goes home on his doctor’s advice, and dies of a heart attack before the cardiology appointment. Because the man had risk factors such as gender, age, weight, a smoker, and chest pains, another competent doctor may testify that he should not have been released that day without the stress test. If so, there may be a valid claim for wrongful death. The proper client is the man’s next of kin, usually his wife.
It is difficult to determine whether or not a death is wrongful or not, especially when you are grieving the loss of a loved one. It is best to call a competent wrongful death attorney to determine whether or not you might have a claim for wrongful death. Please call Higgins Law today to discuss your potential wrongful death claim. (863) 325-0343