Posted on Tuesday, June 16th, 2020 at 6:22 pm
Unfortunately, wrongful deaths occur on a daily basis. Car accidents are among the most common causes of wrongful death, be they caused by a drunk or distracted driver or some other form of negligence.
During this worldwide pandemic, it’s hard to not look at the growing death toll in the United States and across the globe and wonder how many of those cases could have been prevented.
COVID-19 Wrongful Death Suits
Even though this particular coronavirus is considered novel–meaning it is a new strain of virus not previously identified–there have already been lawsuits filed over Covid-19 for the measures, or lack thereof, put in place to keep civilians and employees safe.
Currently, a cruise ship company is facing a lawsuit due to the fact that they allowed thousands of passengers onto a cruise ship after a departing passenger had already tested positive for the virus.
Shortly after, another family is suing over the death of their late relative who worked at Walmart for many years before dying of the novel coronavirus. The suit alleges that Walmart failed to take proper steps to protect their workers and that, because of this negligence, workers contracted the novel coronavirus.
Recently, another lawsuit was recently brought against Tyson Food Inc. by the family of a worker who allegedly contracted COVID-19 after injuring herself at work and not being allowed to rest at home. The suit alleges that Tyson failed to provide the proper personal protective equipment to her and her coworkers and that, due to this negligence, the individual died.
The Novel Coronavirus and Negligence
While there currently is no cure for COVID-19, in cases like those involving the deaths of Walmart and Tyson workers, lawsuits allege that if the correct safety measures had been implemented, then those employees may have had a much better chance at surviving COVID-19 or wouldn’t have contracted it in the first place. Legally, wrongful deaths are caused by the carelessness or negligence of another.
Because of this, large organizations need to be held accountable for how they work to protect employees and clients alike.
Negligence and Contact Tracing
One important part of filing a wrongful death suit regarding COVID-19 is proving the point of contact. Contact tracing can be notoriously difficult, and proving it in court can be even harder.
In cases involving COVID-19 and wrongful death, defendants may claim that they acted appropriately and provided sanitizer and PPE. To prepare for this, plaintiffs may need to prove that their loved one contracted the virus before proper precautions were taken, as is the case in the suit filed against Walmart regarding the death of an employee who contracted COVID-19.
Ramos James Law, PLLC: Your Austin Wrongful Death Attorneys
Processing the death of a loved one can be incredibly difficult, and adding the challenge of a wrongful death suit can be daunting — but it doesn’t need to be.
If you’ve lost a loved one to the novel coronavirus due to the negligent actions of their employer, a cruise company, a nursing home, or another third party, the legal team of dedicated personal injury attorneys at Ramos James Law, PLLC, can help you seek justice.
Our attorneys are committed to confronting negligent parties for the harm that they do to others, and we would be proud to represent you in your fight for the compensation you deserve.
Contact our team of dedicated personal injury attorneys today to begin the healing process for you and your family.
Schedule a FREE Consultation Now
Posted on Tuesday, November 5th, 2019 at 1:40 pm
We often trust products that are marketed to us as safe, especially when said product is used properly or as advised by the manufacturer.
It isn’t a courtesy that these product manufacturers owe the public a duty of care when making sure their products are safe for the public to consume. If their products are defective, consumers are placed at a high risk of sustaining an injury or even worse, a fatality.
If you have lost a loved one due to an injury caused by a defective product, then you may be eligible to file a claim for wrongful death. At Ramos James Law, PLLC, we have years of experience in representing clients affected by product liability, and we know how to handle negligent manufacturing companies.
What is Considered a Wrongful Death?
A wrongful death happens when a person dies due to the legal fault of another negligent party. It is something that can range from car accidents to something more complex such as product liability. Normally, persons, companies, corporations, and government entities–the latter only in certain cases outside of sovereign immunity–are all entities that could be held responsible for a wrongful death.
When we consider a wrongful death within the scope of product liability, however, the death more than likely happened because the product did not work correctly or because safety warnings on the product were not clear–or present–leading to the fatal wound.
What Is Considered a Defective Product?
Defective products are analyzed by experienced product liability lawyers like Laura of Ramos James Law, PLLC, to see if the manufacturers of these products went outside of their duty of care that is required of them.
There are three categories that a product liability attorney must consider when it comes to a product liability claim:
- ◘ Design – The product was unsafe before it is even manufactured. Its design will not render proper usability or safety.
- ◘ Marketing – The product was marketed incorrectly and/or with weak instructions, incorrect labeling, and insufficient safety precautions and protocols.
- ◘ Manufacturing – This means that the product was not properly put together during the manufacturing process to ensure proper use and safety.
Consumers can be injured by a large scope of products including vehicles, home appliances, medical equipment and devices, protective and sports gear, children’s toys and products, and even medicine.
If any of those resound with the experience you have felt from your product liability injury, don’t hesitate to reach out to Ramos James Law, PLLC, today to fight for the compensation you deserve.
Compensation That Can be Recovered for Wrongful Death
If someone dies due to a product defect, a survivor from their immediate family may be able to file a wrongful death lawsuit against the product manufacturer and other parties involved such as suppliers and retailers. Beware, however, as there is a statute of limitations to file a wrongful death claim of two years after the death happened, so it is important to act fast as you can and file your claim as soon as possible.
Although the loss of a loved one is tragic and can feel like you’ve lost everything, there are two major reasons to file a lawsuit. First, to receive compensation for your loss, and second, to recover damages from the accident. Examples of damages that can be recovered include:
- ◘ Deceased’s medical expenses
- ◘ Funeral Costs
- ◘ Lost wages and a loss of earning capacity
- ◘ Loss of consortium/companionship
Do not wait any longer to file your claim for wrongful death due to product liability. At Ramos James Law, PLLC, we take pride in our years of experience fighting negligent companies that put profits over people with their defective products, and we are prepared to take them on and win your case.