Wrongful death lawyers tackle a number of different cases through the course of a career. While many specialize in a particular subset of cases, others may choose to take any client who believes they lost someone as the result of someone else's negligence. In that way, almost all of these types of cases share a commonality -- the cause of the victim's demise was either due to someone's negligence or their willful and direct causation. In many cases, the civil trial will follow a criminal trial, though this is not always the situation. Also, many culpable parties will be found not guilty in a criminal trial but still found liable in a civil trial, due to the decreased burden of proof. Here's a look at some of the cases an attorney may handle.
Medical Cases
One of the most common cases wrongful death lawyers will be presented with is that of medical error. Usually, these cases will center around negligence, rather than direct causation. The burden will be on the plaintiff to prove that a doctor or health professional acted in such a way that caused, or failed to prevent, the victim's demise. This could be due to an inappropriate surgical procedure, carelessness, incorrectly prescribed medication, or failure to diagnose a particular condition that proved fatal.
Medical Cases
One of the most common cases wrongful death lawyers will be presented with is that of medical error. Usually, these cases will center around negligence, rather than direct causation. The burden will be on the plaintiff to prove that a doctor or health professional acted in such a way that caused, or failed to prevent, the victim's demise. This could be due to an inappropriate surgical procedure, carelessness, incorrectly prescribed medication, or failure to diagnose a particular condition that proved fatal.
Automobile Accidents
Millions of people are killed every year on the American roadways. Many of these situations occur because of negligence or recklessness on the part of one driver. When they cause the demise of another driver or passenger with their actions, they could be sued in court. Often, these cases are directed against an insurance company, rather than the culpable party themselves, considering that the amount sued for is usually far in excess of what any individual would be able to afford. Those who caused an accident by driving under the influence are particularly susceptible to this kind of lawsuit.
Job Site
Employees killed on the job may have family members or loved ones who wish to sue on their behalf. Wrongful death lawyers in these cases will need to collect evidence that proves the company was responsible for the victim's accident in some form. This could be due to unsafe working conditions, or failure to take proper precautions before putting the employee in a particular situation. When it comes to industrial job sites, there are strict laws governing safety. If a company is in violation of these laws and an accident happens, they are exposing themselves to legal liability.
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I can’t imagine how tough these lawyers have it, especially with those medical malpractice cases. They must put in extra effort in understanding the medical procedures involved and at the same time do their job in pointing out what laws were broken. Depth of understanding is very crucial to have a strong stand on the case.
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ReplyDeleteA wrongful death is no accident. Someone is to blame for it, and someone will have to pay for it. But what if there’s really no one to blame? How then will they decide if it is a wrongful death or not? In a wrongful death case, the stakes are dangerously high, and the odds are stacked against the accused. Emotions will run high in court, sometimes causing facts to be overlooked. Lawyers handling these kinds of cases would do well to be precise in gathering evidence and getting ordinary and expert witnesses to make sure that justice is served.
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Lacking safety on accident prone sites, especially construction sites, is a big “no-no”. The health and safety of hundreds of workers and passersby are always at risk whenever construction is active, though in rare cases, even when inactive, if the equipment is either faulty or not maintained, things can also get dangerous. It also shows that the employer doesn't care about the safety of the employees. It can be fatal for the companies' reputation.
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ReplyDeleteIn the blink of an eye, your life forever changes because of the negligence of another, resulting in the wrongful death of a loved one. While absolutely no amount of money will ever replace the wonderful person you tragically lost, obtaining the services of a skilled, experienced, compassionate fatality attorney is a necessary step to ensure that your rights are protected. A wrongful death lawsuit can be filed in a court of law if a person dies as a result of the negligent or reckless behavior of another party. The surviving family members can hire a Wrongful death lawyer to take legal action for damages in the death of their loved one.
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My friend is a wrongful death attorney in Chicago. Ever since she started working in this field she has been a little distant from everything. I can't imagine how it would be working with cases like these on a day to day basis.
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This was an excellent article! It's so important that you talk to a wrongful death attorney when something unfortunate happens to a loved one. Usually some workplaces don't take the proper safety precautions.
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The points in this article are going to be so important for me to consider in the upcoming future. I am planning on becoming a surgeon, and am currently applying for medical schools. I'm going to have so much responsibility on my shoulders during a surgery, and will be liable for so much stuff. Maybe I should reconsider what I want to specialize in. http://www.garryseamanlawfirm.com/practice-areas
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ReplyDeleteDeath can be very upsetting in the best of circumstances. When it was caused by someone's negligence, it can be so much worse. I'm glad that there are people that specialize in this.
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It's good to know that a wrongful death lawyer can also work on a case where the wrongful death happened at work. I've always though of those attorneys dealing exclusively with medical situations. It would make sense that they would deal with wrongful death at work as well. I have a friends family going through a situation right now, I'll be sure to refer them to this blog article. http://carteretlaw.com/carteret-craven-and-pamlico-county-nc-personal-injury-lawyer/
ReplyDeleteI hope that I never need a wrongful death attorney, but I have an enormous amount of respect for what they do. If I were to pass away as a result of someone's negligence, I would want my family to be compensated. It wouldn't help with their pain, but it would at least give them financial security.
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I've been looking into this case of my friends family. Her brother passed away, but a few things were caused by the company he worked for. I sincerely believe that they could have been avoided. Maybe I should look into a lawyer for her brother's case.
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In cases of wrongful death, and what not, it's important to try to make the legal process go through as smoothly as possible. You don't want to have to deal with anything else after a traumatic incident like that. It's just one extra thing. http://www.bangelaw.com/Personal_Injury_Attorney_Accident_Attorney_Portsmouth_VA.html
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ReplyDeleteWrongful death cases are always very distressing. Knowing that a loved one died due to pure negligence is definitely frustrating. Like everyone else, I hope and pray that one of my loved ones becomes such a victim. However, I think it's a good idea to have a wrongful death lawyer in mind. You never know what will happen. Information like this can make the process so much easier. It gives you something specific to look for. Thanks for the post! http://shaevitzandshaevitz.com/wrongful-death-2/
ReplyDeleteI didn't know there were so many cases like this. I'm always interested in the cases we don't hear about. My aunt had to get a lawyer for this when I was younger, I remember overhearing it in the kitchen. http://bedfordinjurylaw.com/About-Us/
ReplyDeleteI've always been pretty interested in cases like this. I feel like they don't happen all too often, but when they do serious stuff usually goes down. I've actually thought of becoming a wrongful death lawyer myself.
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Years ago, when I was a little girl, my next door neighbor's son was killed in an automobile accident. She hired a wrongful death lawyer soon after that. It was a difficult time, but she got a settlement.
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I have a question pertaining specifically to a medical wrongful death case. in the event that a surviving family member wants to seek legal council for wrongful death in a medical environment, should they seek an attorney who specializes in the medical field. I am wondering because both the legal and medical fields are highly technical. Will any attorney who specializes in wrongful death cases work, or do they need to be an attorney with medical experience? http://www.strohllaw.com/death.htm
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Though you would never want to have to deal with one, having a wrongful death attorney on your side when you need one is in your best interest. They generally truly care about their clients and do all they can to get the best outcome from a case. Of course, the other party will do their best to avoid liability, but the lawyer on your side, provided you have a strong case will achieve the best possible outcome for you.
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