The common element in all reasons for a product malfunction is negligence or failure to act. A wrongful death is by definition a death caused by negligence. So a death caused by product malfunction can be a wrongful death and can give rise to a claim for wrongful death. The death must have been caused by product malfunction and the malfunction should have occurred because of negligence or failure to act on the part of the manufacturer of the product.
Most people are under a false notion that if a pharmaceutical product has been approved by the United States Food and Drug Administration, then it is safe but that’s not always the case. Sometimes, pharmaceutical products can be the cause of a wrongful death. This can happen if the product is defective or not labeled or formulated correctly. Sometimes, certain pharmaceutical products can react adversely with others producing dangerous side effects. Certain pharmaceutical produce pose health risks to certain persons. Medical devises like artificial joints and pace makers can sometimes fail resulting in death of the user. Manufacturers of pharmaceutical products have an obligation to test the product for such dangers. They must warn users of any potential danger associated with the use of the product.
A wrongful death can be the basis for a civil action for damages on behalf of the dead person's family or heirs. It is a claim against a person who can be held liable for the death. The lawsuit can be filed by the immediate family members of the victim. The main measure of damages is pecuniary or financial injury and includes the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. The damages awarded for a wrongful death must be fair and just compensation for the pecuniary injuries that resulted from the death. If the immediate family members paid or are responsible for the funeral or medical care, they can also claim those expenses. The damage award will include interest from the date of the decedent's death.
A wrongful death case can be brought against the drunk driver who caused an accident and monetary compensation can be pursued. State laws specify which persons are entitled to recover money damages from a drunk driver and their insurance company for wrongful death. Generally there is no set amount of damages the family members of the deceased can claim from the drunk driver and their insurance company.
Our Savannah GA (Georgia) personal injury attorneys help injury victims in Savannah GA (Georgia), Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Darien, Augusta, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County, and in Fort Stewart and Hunter Army Airfield.
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Savannah GA personal injury lawyers and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.
Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.
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