Dec 21 2012
Wrongful Death
| A wrongful death is frequently caused by the irresponsibility and/or negligence of one person in charge with the care of another person. A wrongful death claim is a specific legal claim in a civil court brought against an individual who can be tried for the death of another person. The case is usually initiated by friends or family of the victim in question, and this is perfectly legal under the statues set for wrongful death lawsuits. Under the current statues, when certain irresponsible actions have caused a person harm the victim can bring a personal injury case against the offender. But if that same person’s actions against the victim caused the death of the victim, a personal injury case would not stand up in court. The family of the deceased must now bring a wrongful death case against the offender.The level of evidence needed in the American court system is normally relevant to the contrasting proof of the obvious and credible or enough to leave no room for reasonable doubt. Because of this reason, it is much easier for the loved ones of a victim to appoint a lawyer and seek out recompense from the person who is responsible for the death of that family member than to try and go through the court system without the proper representation. However, it should be noted that an individual may be legally charged in criminal court with causing someone’s death whether the charge is manslaughter, negligent homicide, or murder and that individual may also have a civil lawsuit brought against them apart of the criminal charges. Originally, there was no law to recuperate civil compensation for the wrongful death of a family member in any legal jurisdiction. All U.S. courts have since created and enacted the civil right to compensation that allows for such legal healing. The concern of responsibility will be determined by the court of a given state. There are many different actions that can bring about a wrongful death claim.
The wrongful death rules and laws change from state to state. Each state has its own interpretation of wrongful death legal procedure and are, for the most part, very different from other states. Most of the time, the unique stipulations for each state have arisen from unique cases brought before each particular jurisdiction, but as a general rule, all state laws follow the same guidelines. The government has defined wrongful death as to be comprised of four individual parts. The first deals with the cause of death; was the death partially or a wholly caused by the defendant in question. The second part deals with culpability; was the defendant knowingly negligent or aware of the consequences of his/her carelessness in respect to the wrongful death of the victim. The third part deals with survivability; is the victim survived by any immediate family member and if so are any of them dependent on the victim. The final part deals with the financial impact; what kind of financial setback has the immediate family experienced because of the wrongful death of their loved one. The wrongful death of beloved family member can be a traumatizing experience for any surviving family to endure. Court appointments and fees can have increased stress on a grieving family. Our attorneys are available to support you and answer any questions or concerns your family may have in this harsh and painful situation. Here are some viable wrongful death incidents that have held up in court:
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