Wrongful Death ExplainedIf you have come across this article because a loved one of yours is the victim of a wrongful death, let me first say how sorry I am for your tragic loss. It is my sincere hope that you are receiving the support you need during such a tragic time. As a personal injury attorney, I have dealt with wrongful death cases my whole career, but that doesn't make them any easier emotionally. Wrongful death cases have similar guidelines as normal injury cases, but whenever there is a death on account of someone else's negligence, it is always emotionally difficult for everyone involved. Every case is different, so my suggestion is to speak with an attorney in person if you think you may have a case, but there are some very fundamental parts of a wrongful death case. Here are the basic principles:
First and foremost, the fatality needs to have been caused due to someone else's carelessness. Similar to an auto accident or personal injury case, there needs to be somebody else at fault either for doing something they shouldn't have, or not doing something they should have. There has to be a causal link between this negligence and the death too. When fighting an insurance company on a claim with as much at stake as wrongful death, proving that the negligence caused the fatality is the most important aspect of the case.
A wrongful death may result from a number of situations. Some of the most typical that I have seen as a wrongful death lawyer are from auto accidents, motorcycle accidents, pedestrian collisions, defective products, workplace accidents and medical errors. Time, however is of the essence in death cases, so the family needs to be aware of not waiting too long to pursue a claim. No one wants to have to give thought to hiring an attorney, especially under these kinds of circumstances, but as soon as the family feels emotionally ready to consider pursuing legal action, they should speak with an attorney. To take as much emotional stress off of the decedent's family, it is essential to find a seasoned wrongful death lawyer that also has the empathy to deal with people in such an emotional situation.
If a loved one has died on account of someone else's negligence, you should speak with an attorney whenever you are ready. Each wrongful death case has unique issues that make them distinct and different from other cases. Only by speaking with an experienced wrongful death attorney can you truly find out whether or not you have a case worth pursuing.