Wrongful death actions are lawsuits brought on behalf of a deceased person's beneficiaries, alleging that death was attributable to the willful or negligent act of another. States across the country have their own wrongful death statutes, providing causes of action for the decedent's personal representative, for the benefit of certain beneficiaries, such as spouses, parents and children.

The circumstances leading to wrongful death are numerous and varied, and can include circumstances such as drowning in pools, oceans or other bodies of water; car, aircraft and other transportation accidents; medical malpractice involving negligent medical care and treatment by doctors and hospitals; fatal ingestion of defective prescription medications; gas and electrical explosions or fires; construction and workplace accidents; nursing home abuse; product liability involving defective consumer or commercial products; and fatal injuries related to recreational vehicles such as ATVs and boats.

Examples of wrongful death cases:

• Wrongful death and defective drugs:                                                                 The Food and Drug Administration (FDA) sometimes issues recalls in order to remove defective drugs from the marketplace, however harmful medications can remain on the shelves and cause significant illness and damage. Drug companies may not be forthcoming regarding negative side effects of their products, which can have the potential to cause death.
• Wrongful death and defective product                                                   Manufacturers are obligated to produce products that are reasonably safe and free of defects. Government entities such as the Consumer Product Safety Commission (CPSC) are charged with monitoring safety in the marketplace, however due to limited resources and inattention of designers and producers, defective products can and do reach retail store shelves. The filing of a product liability lawsuit can help address damages caused by defective products.
• Wrongful death and medical malpractice                                                          Medical errors due to negligence can have an enormous impact on patients and their families. Failures including misdiagnoses, negligently performed operations, improper prescriptions, inadequate medical testing, and negligent medical monitoring have the potential to cause life-altering injuries and death.
• Wrongful death and toxic exposure                                                            Individuals who are exposed to chemicals and other toxins at work or in a home environment can become ill with poisoning symptoms including blindness, respiratory disease, cancer and other diseases which may result in death. Manufacturers of such toxins, or of products containing the toxins, may be guilty of negligence.
• Wrongful death and motor vehicles                                                               Defective vehicles due to negligent design or maintenance, as well as negligent or reckless driving, are among the dangerous conditions that can lead to death on our roadways.
  

Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us. If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.