Covid-19 Causing a Rise in Wrongful Death Lawsuits
by lauraramos | June 16th, 2020 | Wrongful Death
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.