Whether the action was intentional or not, a wrongful death lawsuit may be filed under the laws
In life there are many things beyond our control, such as the loss of a loved one. While death is inevitable, many things causing death are avoidable. Freak accidents occasionally happen, leaving many people at a loss for words. In such times, it is customary to grieve not only for the loss of a friend, but also for the loss of someone so early and so suddenly. When the demise of a loved one seems unnatural and untimely, it’s a good idea to call an experienced Austin personal injury lawyer.
The circumstances surrounding the death of a loved one often fall under strict scrutiny. This scrutiny can be caused by many impulses but is largely driven by suspicions of wrongful death. When the totality of the circumstances leads you to question the cause of death, wrongful death attorneys can help.
A wrongful death case is filed in order to claim benefits from a personal injury accident. This case can be filed in the event that someone got killed because of the negligence of another party. This also applies when the other party intentionally took steps that eventually led to the death of a person.
The defendant owes the surviving family members of the victim a monetary compensation. This is due to his role in the death of the victim.
In order to file a claim, the grieving party should be able to prove that the defendant has committed negligence that led to the death of the victim. In addition to that, the claims can only be filed if the victim has a surviving child, spouse or family member.
Without these two essentials, filing the wrongful death claim will not be possible.
This is a question that has many answers. Who should file wrongful death claims may vary depending on state policies. Typically, it is the immediate family member — either the spouse, children or parents — of the victim who can file the claim. In the event that the child is a minor, representation will surely be needed. Each and every state has its own rules when it comes to this case, so it is best that you familiarize yourself first with the rules before you make any move.
Restrictions for this type of case may vary depending on the state. Once the statute of limitations has run out, the claim will surely be denied. It is best that you talk with a lawyer to determine if you still have a case or not. With the help of a lawyer, you will be able to know if your case is still worth pursuing and how you can do it.
If you have many other questions about your wrongful death case, it is recommended that you talk with a personal injury lawyer. This legal professional knows the ins and outs of this type of case, so you are rest assured that you will be able to maneuver through the legal process a lot easier and more efficiently.
A death is a very sensitive issue. This is why you need a professional who will not only help you with the case but is also compassionate enough to understand the grief that comes with losing a loved one. Make sure to hire the right personal injury lawyer for your professional and emotional needs.
Lawyers can help with settling of the deceased’s estate, as well as the prosecution of any party that might have deprived your friend/relative of life. Instances such as vehicular manslaughter happen often, and it takes a good wrongful death lawyer to help make sense of things.
Wrongful death attorneys can help you and your loved ones get the justice deserved by doggedly challenging the opposing side with letters, evidence and pleadings filed on your behalf. Often the death of a loved one causes many persons to forget the events surrounding the person’s demise and instead focus on the history the two parties share.
While an unexpected death of a family member or friend may occur, it is important to understand the facts surrounding the situation, and to supply those facts to a good lawyer, so that he can help you as best he can. Often, the emotional strain of death can cause a person to lose sight as to how they can best remedy the emergency before them. One must keep in mind that a cool head almost always prevails, and reacting out of pure emotion in this instance might hurt more than help.
Many of us wish for a high quality of life without the dangers of the real world. But the truth is that these dangers exist, and that accidents and wrongful deaths occur because of negligence. Such incidents bring about physical injuries, psychological trauma, emotional damage and financial problems to the victims and their families. If a person dies at the hands of someone who is found to be negligent in his or her duty, then a wrongful death lawsuit may be filed by the deceased’s surviving family members.
Basically, wrongful death refers to the loss of life because of the negligent, otherwise preventable actions of someone (or a group of people) other than the decedent. Whether the action was intentional or not, a wrongful death lawsuit may be filed under the laws of personal injury, using negligence as a basis. Wrongful death cases have been linked to several situations, which include:
When a negligent driver accidentally collides with another vehicle or pedestrian, the resulting death could make him or her liable for a wrongful death case. This is one of the common causes of wrongful death, with distracted driving being the leading cause of accidents.
When your health care provider, doctor or nurse commits mistakes with diagnosis, treatment, surgery or other medical-related procedure, the results are often serious and life-threatening. Medical malpractice cases are commonly based on misdiagnosis and incorrect prescription and administration of drugs and other medication. Other instances include childbirth injuries and leaving foreign objects in a patient’s body after surgery.
When an employer does not adhere to the required safety standards to protect its employees from harmful chemicals present in a workplace, subsequently resulting in an employee’s death, the decedent’s surviving family members can file for a wrongful death case.
When poor working conditions take a toll on an individual and result in fatal injuries, the surviving family members can file a wrongful death claim. Working in the construction industry is one of the most accident-prone careers, putting workers at risk for slips and falls, electrocution and being struck by objects.
When a product is used for its intended purpose, and fatally injures an individual because of a defect in the design, manufacturing or labeling, then it is grounds enough for a personal injury suit under the laws of strict liability. Common products liability cases include vehicles in which there was a defect that caused the death of a person.
When an individual doesn’t make sure that his or her property is safe enough not to cause accidents to otherwise careful individuals, then the surviving family members of the decedent can file for a wrongful death claim.
There are generally three kinds of damages that can be filed in a wrongful death case — economic, which are direct expenses related to the individual’s death (such as medical and funeral bills), as well as lost wages that the decedent would have earned if the accident did not occur. The second type refers to noneconomic damages, which will make up for the pain and suffering, as well as the loss of consortium and companionship between the decedent and his or her surviving family members. Lastly, punitive damages are those awarded on top of economic and noneconomic damages, for the sole purpose of punishing the at-fault party.
It is important to understand and be able to explain all of the problems facing you as the victim of such accident. Largely, people tend to gloss over important information and dates, necessary to continue or file the proper pleading in the proper court. A good lawyer can help you make the changes necessary to move forward in your case. Contact us today.
Wrongful death attorneys handle many cases that often feature individuals who are completely uncovered by health care insurance and are in need of real assistance. If the price seems too extreme, good wrongful death attorneys should be able to help you with your case in spite of the price. Indeed, many wrongful death attorneys take many personal injury cases ranging from one extreme to the other.
Given your personal history, the circumstances of the night in question and your own personal relationship with the opposing party, wrongful death attorneys might be able to help you when other lawyers can’t. The complexities and nuances of wrongful death pleadings can best be read by someone who writes them.