Any situation that ends in someone’s death is one that should be examined very closely in order to determine what or who contributed to the loss. Not only can this provide critical answers for the victim’s loved ones, but it can also help establish who can be held accountable for the death.
Oftentimes, people look at what someone did or what happened immediately before a loss in order to assign blame. However, in many cases, it is actually necessary to look for what did not happen, as many wrongful death claims are built on allegations that a failure to act led to a fatality.
For instance, if a loved one was killed after using a dangerous medication, it may be linked to a missing warning label. Instead of looking for evidence that a drug was harmful, it may be necessary to figure out if certain restrictions should have been placed on the drug as a warning and if so, why they may have been missing.
Another example could be in the event of a fatal assault. Of course it makes sense to identify the party who carried out the assault, but in terms of liability, it can also be necessary to determine if a property owner failed to maintain safe premises where the attack occurred.
If your loved one passed away during a surgical operation, you might not be looking for evidence that something went wrong during a procedure. You might need to look for indications that a critical step was skipped or that a decision was not made in time to keep a patient safe.
Knowing what to look for after any fatal accident can be very difficult, especially if you are looking for something that is not there or did not happen. However, with the help of an attorney who is familiar with personal injury claims including wrongful death, you can figure out what happened, what should have happened and who is to blame for your loss.