Schmitt Mulhern, LLC

Could you have a wrongful death case?

When someone you love dies in an accident or as a result of negligence, there is no right way to react, nor is there a wrong way. All feelings are equally valid. One thing that is all but certain, however, is that you have a lot of emotions to process at the same time that expenses build up. Furthermore, if it was your spouse who died, you could also be dealing with a loss of income.

It might not even have crossed your mind that you could have a wrongful death case. When someone is killed in, say, a car accident, then wrongful death may be more obvious. However, it is possible to sue for wrongful death (and win) in cases such as defective products, medical error, premises liability and more.

Misdiagnoses and other examples of medical malpractice

Medical malpractice can take many forms. One is misdiagnosis, which can mean a doctor straight-out diagnosing a condition as something else. In other situations, it is actually delayed diagnosis. That is, a condition is diagnosed as something else, and the delay until a correct diagnosis is reached made the difference in whether the patient lived or died.

Other examples of medical malpractice include surgical errors, birth injuries and even nursing home abuse. The reality is sobering; according to a study performed by Johns Hopkins doctors, medical errors may actually be the third-leading cause of death in the United States. 

Defective products

People rely on the products they use to stay safe, which is why it can be extra distressing to realize the crib you used for your baby turned out to be extremely dangerous. Toys, automobile parts, lawn mowers and baby formulas can be unsafe and lead to serious injuries or death.

Premises liability

Spills, flooding and water leaks are some scenarios in which unsafe premises have led to wrongful death lawsuits. Even a pool that is improperly maintained or supervised can be grounds for such a lawsuit. The bottom line is it is possible you have a wrongful death case even though it may not be obvious to you.

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Ben Schmitt

Attorney Ben Schmitt

Mr. Schmitt has over 25 years of legal experience in Missouri and Kansas, and he has been first chair in over 100 jury trials in state and federal courts. He is recognized by the Kansas City Business Journal, Super Lawyers, Avvo.com and Martindale Hubbell as one of the best personal injury lawyers in Missouri and Kansas.

Matt Mulhern

Attorney Matt Mulhern

Mr. Mulhern has over 25 years of legal experience and a 100 percent success rate arguing before the Missouri Court of Appeals. He has a unique knowledge of the inner workings of insurance companies and how they will dispute your injury claim. He practices in both Missouri and Kansas.