Before Looking for a Wrongful Death Attorney
Post on 10-Nov-2015
DESCRIPTIONHamilton & McInnis, L.L.P. is committed to a simple principle: provide the highest level of legal service to all clients at a reasonable fee. Our experienced attorneys have worked tirelessly to build a law firm that combines their individual talents to meet and exceed the specialized legal needs of our clients.
Before looking for a wrongful death attorney Even in those situations where someone is not charged with a crime regarding the death of a person; the deceaseds loved ones can easily file a civil suit for wrongful death. In most of these cases misconduct and negligence are sighted other than criminal responsibility.
Take note also that only a person who is an executor of the deceaseds estate can file such a suit. This means that when an executor agrees with the family that there is need to file suit, they cannot also act as the wrongful death attorney. Such suits are normally filed in a civil court for the decedents immediate family where they name the person they believe is indirectly responsible for the death.
Common CasesIn most cases wrongful death attorneys will file cases as a result of any one of the following incidences such as: aero plane or automobile accidents, on the job fatalities, medical malpractices, exposure to dangerous substances without the required warning, food poisoning, and exposure to toxic products without due advice or several other supervised activities. You can be sure that automobile related accidents account for the most common reasons that people will sue for the wrongful death of loved one. Out of the thousands of car crashes that occur each year, more than one third of them are associated with drunken driving which in itself is a criminal offense.
The other related crashes can be as a result misconduct, distraction, simple negligence or mechanical failure. The decision on whether or not you are going to get in touch with a wrongful death attorney is really a highly personal one. However, it is advised that people should finish mourning their loved one before they can decide to file a suit; some of these lawsuits can take a considerable amount of time before they can get resolved.
Prove the caseIf the wrongful death lawyer is going to recover any damages on behalf of his clients, there are two things he needs to prove. The first is that he needs to show by a preponderance of evidence how the defendant is believed to have been responsible by either negligence or misconduct. The second thing he will need to demonstrate to the court is how the plaintiff, who is normally an immediate family member, will be negatively affected by the loss. This may not be very difficult to establish in cases where the decedent can be shown to have been the primary breadwinner; this would show how the family will get affected by the loss of the income the victim earned.
Wrongful Death : ResponsibilityA wrongful death lawsuit will involve the death of a person and not an animal. The death will have been as a result of the actions of another person even though these will fall under very broad ranges. It is possible for the death to be assigned to non-meditated intent, negligence, premeditated intent or sometimes a combination of three. A wrongful death lawyer does not have as much work as a criminal prosecutor since all that he has to do is to show that the actor was actually at fault even though they did not necessarily intend to cause any harm.
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