If someone that you know has died, and you believe their death was caused by someone else, you may be able to sue them with a wrongful death lawsuit. According to Nolo, cases of wrongful death can be brought if you can prove that death was caused by someone’s actions that were careless, negligent, or criminal. Because you will be bringing criminal charges against someone, you’ll need to work with an attorney to take the case to court.
According to Nolo, wrongful death cases are like non-fatal personal injury cases because the defendant’s liability is seen in terms of how much compensation is to be paid to you by the defendant. Damages for wrongful death will include the deceased’s medical bills. It can also include loss of companionship, future earnings, and pain and suffering.
In your quest to get compensation for your loved one’s death, you might not have to bring it to court. If your attorney and the negligent party’s attorney can come to an agreement, you and they might come to a settlement. According to AllLaw, this is known as a death settlement claim. These claims can provide you with compensating funds without a court case.
As difficult as it can be to admit, tragic accidents happen every day. Many people suffer car accidents, bad falls, and much more due to strange, inevitable twists of fate. Yet, in many more cases, these “twists of fate” could have been avoided. The fact is that accidents resulting in death or serious injury are, obviously, life-altering — and if there is someone responsible for these accidents, they need to be held accountable. In some cases, the victim is alive and well enough to pursue the case on their own. In others, due either to death or traumatic brain injury, they are not. When the situation is that of the latter, it’s vital that a loved one is ready to pursue a lawsuit against the person or persons responsible for the accident. A lawsuit can be personally validating, and can even lead to permanent change that will prevent the occurrence of similar accidents in the future. On a more practical level, a settled lawsuit can often result in expenses surrounding the accident being paid for — an unfortunate reality that living victims of accidents and loved ones have to deal with. Should the accident result in death, a wrongful death attorney is a great asset to have on your side. A personal injury attorney can also be of help, especially if the victim of the accident is living. Let’s look into some of the scenarios could use a wrongful death attorney or personal injury attorney’s help.
When Accidents Aren’t Accidents: Wrongful Death And Personal Injury Cases
Among the most common type of injury that leads to wrongful death and personal injury lawsuits is the car accident. Car accidents can be both remarkably devastating, and extremely preventable. One wrong move can lead to the deaths of multiple people — as well other problems like traumatic brain injuries, which can lead to permanent consequences. Unfortunately, many car accidents are the results of people driving under the influence. In this case, the person driving under the influence can and should be held responsible. Car accidents involving drivers under the influence are among some of the most common types of cases that wrongful death attorneys can undertake. 2012 saw alone saw 10.3 million people admitting to driving under the influence of illicit drugs — a number that doesn’t even take into account the number of people driving drunk. Due to the grueling nature of the job, it’s unfortunately somewhat common for truck drivers to drive under the influence, leading to horrifying traffic accidents. Indeed, 2012 revealed that large trucks were more likely to be involved in fatal multiple-vehicle crashes as opposed to fatal single-vehicle crashes at 81%, compared to passenger cars at 58%. However, illicit drugs and alcohol aren’t the only reasons why people get into avoidable car accidents. Many of these accidents are the results of irresponsible driving, often related to cell phones and other electronic devices. About 660,000 drivers are using cell phones or other electronic devices while driving. This kind of driving is just as irresponsible as the type of driving that involves illicit drugs or alcohol, and the drivers involved need to be held accountable.
How Personal Injury And Wrongful Death Attorneys Can Help Your Case
In cases like these, the accountability of the personal responsibility may seem obvious. With that being said, the cases are usually much more complicated than they might initially seem. Lawyers can help your case in many ways. They add not only legal support, but in many cases some level of emotional support as well, acting as sounding boards. An attorney can help gather information and enable you to make your case legally sound. You have a much better chance of winning your lawsuit or at least receiving a settlement with an attorney representing your interests. Know that the defendant will most likely have an attorney on their side; you should be equally prepared. With that done, you will be much more likely to have a positive outcome.
