Holding a Manufacturer Accountable After a Wrongful Death

Holding a Manufacturer Accountable After a Wrongful Death

Losing a loved one because of a defective product is devastating. A sudden loss crushes you, and also trying to understand how a product that should have been safe caused a deadly accident.

You should speak to a wrongful death attorney today. You can hold the manufacturer accountable in a product defect lawsuit if the manufacturer were negligent. If successful, you can receive compensation for your loved one’s death, including burial expenses, mental anguish, pain and suffering, lost income, and more.

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What Is A Wrongful Death?

A wrongful death, in legal terms, is a claim that occurs when someone dies because of the fault of another person or party. A wrongful death can occur because of a direct action, such as a hit-and-run accident or negligence, not ensuring that a product is safe. In these situations, the deceased’s close relatives may file a claim against those liable for their relative’s death.

The most common types of wrongful death claims involve motor vehicle accidents, medical malpractice, product liability, and workplace injury. You should speak to a wrongful death attorney in a free consultation if you think another party is liable for your loved one’s death.

Product Liability In Wrongful Death Claims

Product liability is the legal duty that product manufacturers, retailers, and distributors have when a product leads to harm. In a wrongful death case, holding the company liable means showing that the product was defective and the defect caused the person’s death. Three major types of product defects can trigger a wrongful death claim:

Defective Design

A design defect in a product liability case occurs when the product is unsafe because of its design, even if the company manufactures it perfectly. In this situation, the product was designed in a manner that made it dangerous to use. When a firm markets a product with a flawed design, it is liable for the harm it causes, including death.

For instance, if an SUV’s braking system has a flaw that prevents the brakes from stopping, the car manufacturer can be liable if the design causes death. Even if the brake system was installed correctly, the design itself can lead to a fatal accident.

Manufacturing Defects

A product with a manufacturing defect occurs when a mistake is made during the production process, causing it to be made differently than the design intended. Manufacturing defects may occur because of subpar quality control, flawed machinery, or substandard materials. Even if the design was correct, poor manufacturing can make the product hazardous.

For example, an airbag system in a car may be designed correctly, but poor-quality parts may prevent the bags from inflating during an accident. A manufacturing defect in the airbag can lead to wrongful death if the product doesn’t work.

Marketing Defects

Marketing defects, also called failure to warn, occur when the product lacks proper safety instructions or warnings about possible hazards. If the company doesn’t offer information about using the product or warn people about the dangers, they can be liable for a person’s severe injury or death.

Prove It’s A Defective Product

Holding a manufacturer liable for your relative’s death means proving that it was a defective product. This requires the wrongful death attorney to collect critical evidence, such as expert testimony, product records, and product safety reports. Your attorney will gather this information and show it to the insurance company or jury in a way that proves that the defect led to injury or death.

The product manufacturer may respond that the product didn’t have a defect or that the deceased is responsible for the accident. A seasoned product liability attorney can refute these claims by showing that the product failed to meet necessary safety standards. They may also argue that the deceased can not anticipate the product defect.

Prove Causation

Your attorney must not only show that the product had a defect. It also must be proven that the defect led to a deadly accident. This means showing causation, which is a clear connection between the death and the product defect. For instance, if a seatbelt in a pickup truck didn’t restrain a passenger during an accident, your product liability attorney would have to show that the product defect caused the death.

Your wrongful death attorney will attempt to prove causation by collecting accident evidence, working with industry experts who can prove the defect, and reviewing documents involving the defective product, such as schematics and user instructions.

Name The Liable Entities

Several companies can be liable for a product defect that causes injury or death. The product manufacturer is usually responsible, but others, including retailers, distributors, and parts suppliers, can be.

For example, if a truck part was made by one firm and installed by another, both entities can be legally liable if the product defect led to death. An important part of your attorney’s work is to find all parties potentially liable and hold them to account. You can receive more compensation if several companies are involved in the product defect.

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How A Product Liability Attorney Proves Liability

In a wrongful death claim involving a product, proving liability involves several critical elements. These show that the company’s negligence caused the person’s death:

Duty Of Care

This means that the product manufacturer owed your relative a duty of care. In the US, product manufacturers must ensure that all marketed products are safe. Evidence supporting that the manufacturer had a duty of care may include product regulations and standards that the company should have obeyed. For example, documents showing federal safety regulations for a toy can prove that the company has a duty of care to make safe products.

Breach Of Duty

Next, your product liability attorney must prove that the company breached their duty of care. This means proving that the company didn’t meet safety rules or was negligent. Critical evidence to prove the breach may be company communications, QC test records, and design documents. Expert testimony is important to show that the product manufacturer didn’t obey accepted safety practices.

Causation

Your wrongful death lawyer must connect the company’s breach of duty to the person’s death. This means showing that the company’s negligence caused the accident or incident. Evidence that may prove causation includes medical records, accident reports, and forensic reports. For example, a police report and medical document that shows that a product defect led to the death is strong evidence.

Damages

Last, your product liability attorney must show that the wrongful death led to damages. Your damages can include mental anguish, the deceased’s pain and suffering, lost income, and loss of companionship.

Compensation In A Product Liability Wrongful Death Claim

No amount of money can replace your loved one. However, a wrongful death lawsuit can provide a feeling of justice served, as well as financial relief following the loss of someone who may have provided income to the family. Compensation in wrongful death and product liability claims may include:

Economic Damages

Economic damages in a product liability wrongful death claim are the specific, objective costs that you and your family have endured, such as:

• Medical costs related to the death: You and your family probably had medical costs before the person passed away. Some fatally injured parties can live for days or weeks before passing on. Healthcare costs that you can be compensated for include ER and ambulatory fees, hospitalization, surgeries, medications, and other treatments after the accident or incident.
• Funeral expenses: You should be paid for all costs related to the funeral and burial. Compensation can include the cost of an urn or casket, plot in the cemetery, funeral home time, headstone, etc.
• Lost earnings and benefits: Your loved one may have offered economic benefits to your household. You should be paid for the earnings and benefits they would have provided if they lived a normal lifespan. This compensation considers salary at death, chances for career advancement, and their anticipated work life. Benefits may be health insurance, pensions, etc.
• Support and services: This includes the value of support and tasks the deceased offered to the family, including household maintenance, childcare, lawn care, and managing finances.

Non-Economic Damages

Non-economic damages are losses that are harder to quantify than economic ones, such as:

• Pain and suffering: This is payment for the pain and discomfort the deceased experienced before death. It can include immediately after the accident and during their medical care.
• Mental and emotional anguish: The surviving family may be entitled to compensation for the mental and emotional anguish they have experienced because of their relative’s death. Compensation for loss of companionship and consortium is also possible.

How A Wrongful Death Attorney Negotiates A Settlement

A seasoned wrongful death attorney in a product liability claim is critical in getting the compensation you need. Your attorney’s legal knowledge and experience maximize your chances of fair compensation in a claim or lawsuit. Some vital roles of your wrongful death lawyer may include:

• Understanding wrongful death and product liability laws: Your personal injury attorney understands the many legal requirements required to prove liability and negligence by the manufacturer, designer, or retailer. This legal knowledge helps them to handle your claim properly during every step of the insurance case or lawsuit.
• Collecting evidence: Building a robust wrongful death case requires your attorney to gather and organize evidence that proves your case by a preponderance of the evidence. Evidence may include police reports, product documentation, safety instructions, medical records, and product expert testimony. A skilled wrongful death attorney knows the evidence vital to proving your case. They also know how to track all significant product defects and case evidence.
• Assessing the claim’s value: Your attorney will accurately estimate the value of your claim. Important factors may include funeral costs, lost earnings in the future, the deceased’s pain and suffering, loss of companionship, and mental anguish. For example, lost earnings and earning potential can be significant for someone who may have worked another 30 years. Your attorney will work with economists and industry experts to understand the value of those lost work years.
• Insurance company negotiation: Product manufacturers usually have large insurance policies to cover liability for product accidents and deaths. Your product liability attorney will oversee settlement negotiations with the appropriate parties. They know the tactics insurance companies use to underpay plaintiffs. Your attorney knows what your claim is worth and will demand a fair settlement. Most product liability and wrongful death claims are resolved with a settlement.
• Going to court: If the case doesn’t end with a fair settlement, an experienced litigator will prepare the case for trial. They will file the needed legal documents, present a compelling case to the judge or jury, and argue your side. You should always choose a product liability attorney accomplished in settlement negotiations and court trials.

Product liability claims involving wrongful death are complicated and difficult to prove. It’s important to have a knowledgeable wrongful death lawyer oversee your claim. You and your family deserve justice and financial compensation for the wrong done to you. Attempting to settle your own wrongful death claim will usually lead to critical errors and may result in less than fair compensation for your losses.

Speak To A Wrongful Death Attorney Today

You lost your loved one in a tragic accident caused by a defective product. You don’t know what to do. Speak to a wrongful death attorney today. You can be entitled to compensation for your loved one’s medical and funeral expenses, lost future income, pain and suffering, mental anguish, and more. The consultation is free; you don’t pay legal fees unless you win. Your personal injury lawyer is paid by a contingency agreement, which is a portion of your settlement or jury award.

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