Death is a very severe issue and when you lose someone due to others negligence or mistake you’ll never get them back no matter what, the only thing you can do is fight against what is wrong. Charges should be fine from the other party because his mistake took a life of an innocent.
What categories are included under Wrongful Termination?
It is something that you need to know before considering that your case is applicable for wrongful termination. Following are the list that comes under such unnatural death.
1) Vehicle accident:
Vehicle can be large or small i.e. a Car or a truck and both are different, shape and size wise, thus the accident occurring due to such vehicle can be comparatively different. But the reasons for such accident can possibly be the same. The drivers who have no concentration on road comes under this category also the Drunk and driving that is far more dangerous or some drivers who don’t follow proper safety rules and are very aggressive while driving.
How to avoid: Every driver should practice defensive driving skills, be on the alert for turn signals, backup lights and brake light from commercial trucks and other vehicles as well. Follow proper driving rules, Avoid driving in bad and poor weather condition. Wear a helmet and be protected, if you notice that a truck driver is driving aggressively It is better to pull off the road and let the truck pass, than to risk getting in a serious accident.
2) Medical Malpractices:
When you are ill or a victim of very serious illness your first though comes is consulting a rightful doctor for you. Therefore Medical is very serious profession, because the doctors are responsible for the life of their patience, when they fail to provide the care this can result in the death of a patient, thus the deceased family seek a wrongful death lawsuit based on prescription error, misdiagnosis, surgical injury and any other wrong services that has led to such death.
How to avoid:
Prepare a list of question that you can ask them and don’t rely on your doctor too much, Make sure that you doctor has enough experience and proper certification, communicate with them ask them if you have any doubt. Research your hospital quality care. Do not sign any documents without completely understanding it. Consult 2 or more doctors for better understanding. You need to double check medical information regularly.
3) Work related accident:
when a death has taken place and the reason behind it is because of company’s negligence and avoidance then the firm is reliable for the loss and they have to deal with the situation. It can be anything related to on the job injuries like illness due to unsafe work environments, fires or explosions, improper training and machine related incidents.
How to avoid:
Wear proper safety and protection materials and equipments like gloves, nose cover and other stuffs before you work, educate yourself about the usability of machines and equipments. Avoid shortcuts; don’t perform such action that contains risk of life. Take a long turn but be alert. Inspect all company products machines and equipments regularly. Keep work environment fresh and stress free.
All the above categories are included in a wrongful termination and you can avoid these circumstances before letting the situation cover you completely. If you are facing the problem you should file case against the person or company responsible for the loss because even you have the right to seek fair compensation that you deserve.
Who should be sued in such case?
The question is who is responsible for the loss of some one’s life? All your questions can be answered only if you know your case and the situation very well. The following is a list of parties who can be considered as he culprit.
- Firstly the driver is responsible because of his driving the other person was killed wrongfully.
- The building and construction person who built the wrong poor roads.
- A government person who took no serious measures regarding the poor road condition.
- The manufacturer, retailer or the material supplier who provided low quality materials.
- The vehicle company who appointed an unskilled driver.
- Doctors who have consult a wrong medicine for you or injected a heavy dose more than the desired amount.
All of the above parties might be responsible for the loss and can be questioned by the law whenever the demand arises.
Who can be awarded Damages in such case?
It is natural that money and amount of compensation can never bring your loved ones back. But you have to accept the fact and move on, only to focus in the future and help your family recover with such pain. The court will look at many external and internal factor while deciding what type of damages will be awarded to which person, that is who is exactly eligible to achieve the compensation.
1) The spouse:
The surviving spouse is eligible to get the compensation of his deceased partner. It s a very shocking moment especially for the spouse because they have lost the love of their life and this can lead to emotional trauma and depression as well.
2) Their children:
It is not only a tough time for the spouse but also for their children. As children are much more dependable on their parents, losing one member from their family can disturb the entire family balance, thus only minor children are also benefited with the compensation including the care and support.
The only thing that parents focuses on after their marriage is growing up their child, proper pampering, proper support, guidance, love care and preaching them what’s rightful. At the same time if a parent lose their minor child, only they know how it feels to be in a heart breaking situation. Parents can also recover the damage for their emotional trauma.
Depending upon the situation and circumstances, the court will decide who is eligible to get compensation and how much compensation is right to the surviving family member.
When you are in a situation where one side you have lost a family member because of wrongful termination in El Paso and the other side is you have to fight for their rights to get fair compensation. This is almost the most difficult part to accept the truth of untimely death of your loved ones.