Is Wrongful Death Always Associated With an Injury?
Losing a loved one is a painful experience, and it can be even harder to come to terms with if the death is sudden and preventable. Whether it was caused by a car accident, medical malpractice, a defective product, or other negligent actions, the emotional anguish can be overwhelming. For many families, the pain of losing a loved one is often compounded by unexpected financial burdens. While many wrongful death claims in Maryland involve physical injuries, some can stem from situations where no physical injury occurs, but negligence or wrongful actions result in someone’s untimely and preventable death.
What Is Wrongful Death?
Wrongful death occurs when an individual or organization knowingly or negligently causes someone’s death, resulting in damages. In Maryland, close family members are allowed to bring a legal claim against the negligent party, seeking compensation for losses and damages resulting from their loved one’s death.
In most cases, wrongful death is associated with a deadly injury caused by an intentional act. However, wrongful death may also result in the absence of an injury if the death of an individual is wrongful. A “wrongful act” is any action for which the deceased could have filed a lawsuit and sought compensation if they had survived.
Wrongful Death Without Injuries
Wrongful death can also happen in instances with no visible or immediate injuries. This can include the following situations:
- Illnesses
A fatal illness can result in a wrongful death claim if one or more parties are found to have acted negligently, therefore causing loss of life. For instance, if a manufacturer produces a defective drug that causes severe and deadly side effects, they can be held liable.
- Medical Malpractice
If a patient loses their life due to the negligence of a medical professional, say because of a misdiagnosis, delayed diagnosis, or anesthesia error, these incidents may or may not have physical injuries but still result in preventable death.
- Toxic Exposure
Exposure to toxins can also cause wrongful death. For instance, if a property owner fails to disclose lead hazards to tenants, leading to death, this can give rise to a wrongful death claim. Similarly, exposure to toxic chemicals or contaminated water may result in death without visible injuries.
- Negligent Care
Nursing home negligence is another example of when death can occur without injury. For instance, this may happen if a resident passes away due to malnutrition, dehydration, or untreated medical conditions stemming from neglect rather than a specific injury.
Proving a Wrongful Death Claim Without Injury
In cases where physical injury is not present, proving wrongful death requires that you provide evidence demonstrating negligence on the part of the responsible party and that their failure to act or careless actions resulted in another person’s death. This may include presenting medical records, expert testimony, and other relevant documentation. If you believe you have grounds for a wrongful death claim without visible physical injuries, it is advisable to consult with an experienced lawyer for legal guidance. A skilled wrongful death attorney can help build a compelling case, ensuring justice is served for your loved one.
Contact a Towson Wrongful Death Lawyer Today
If you have lost a loved one and believe another party is responsible, our experienced Towson wrongful death lawyer serving Towson, Baltimore, and throughout Maryland can help you explore your options for pursuing a wrongful death claim. Contact Hardball Law at 410-494-7400 today to discuss your case.
