Wrongful death situations can be extremely difficult to deal with. Coming to terms with the loss of a friend or family member is difficult no matter what the circumstances, but to have to consider the event was caused by the negligence or wrongdoing of another person or company can make the situation all the more tense and heated.
Whether you are currently embroiled in a wrongful death encounter or simply wish to learn more about the legal aspects of such a case, it is wise to do as much research as you can and come in contact with the best wrongful death lawyer available in your area.
In order to better understand when wrongful death is an appropriate descriptor for a fatality, let's look at some of the criteria and circumstances where it can occur.
When is it Wrongful Death?
For a situation to be deemed 'wrongful death', there has to be an outside party that is particularly responsible. This responsibility can come in the form of negligence or direct action taken to harm the victim.
One interesting factor for wrongful death cases is that not only individuals are liable, but companies as well. For example, there are multiple precedents in the past where victim's families sued tobacco companies for not properly warning users about the lethality of their product.
Similarly, if a company were to consciously make decisions to neglect safety precautions on the job, or otherwise provide serious hazard risks at work, wrongful death could be brought into consideration.
When it comes to one individual vs another, the circumstances are generally much more direct. Whether that individual is a coworker, friend, or stranger who's actions caused the victim harm, individuals are liable for the results of their actions.
What Kind of Damages Are Available?
Most wrongful death suits are used to determine pecuniary loss. This is mostly to determine what kind of wages the victim would have earned to support family members, or what prospects he/she might have had that loved ones are now entitled to.
If the circumstances of the death were particularly aggressive or malicious on the account of the guilty party, the family may also sue for punitive damages. This is much more rare and every state has their own set of rules in determining punitive damages.
What Legal Rights Do Loved Ones Have?
It can be difficult to determine what rights the family has to sue without specific knowledge of the case. Therefore, it is important to collect as much evidence and as many witnesses as possible. The family should contact a skilled wrongful death attorney in their area as quickly as possible, as there are certain time restrictions on what kind of lawsuits can be brought to court.
Remember, every state in the U.S. has different specific rules on the books for what kind of remuneration can be pursued and what actions should be taken by the victim's surviving loved ones. Find an attorney who will consult your case (preferably for free) to determine how you should proceed.
Article Source: http://EzineArticles.com/3638095
Whether you are currently embroiled in a wrongful death encounter or simply wish to learn more about the legal aspects of such a case, it is wise to do as much research as you can and come in contact with the best wrongful death lawyer available in your area.
In order to better understand when wrongful death is an appropriate descriptor for a fatality, let's look at some of the criteria and circumstances where it can occur.
When is it Wrongful Death?
For a situation to be deemed 'wrongful death', there has to be an outside party that is particularly responsible. This responsibility can come in the form of negligence or direct action taken to harm the victim.
One interesting factor for wrongful death cases is that not only individuals are liable, but companies as well. For example, there are multiple precedents in the past where victim's families sued tobacco companies for not properly warning users about the lethality of their product.
Similarly, if a company were to consciously make decisions to neglect safety precautions on the job, or otherwise provide serious hazard risks at work, wrongful death could be brought into consideration.
When it comes to one individual vs another, the circumstances are generally much more direct. Whether that individual is a coworker, friend, or stranger who's actions caused the victim harm, individuals are liable for the results of their actions.
What Kind of Damages Are Available?
Most wrongful death suits are used to determine pecuniary loss. This is mostly to determine what kind of wages the victim would have earned to support family members, or what prospects he/she might have had that loved ones are now entitled to.
If the circumstances of the death were particularly aggressive or malicious on the account of the guilty party, the family may also sue for punitive damages. This is much more rare and every state has their own set of rules in determining punitive damages.
What Legal Rights Do Loved Ones Have?
It can be difficult to determine what rights the family has to sue without specific knowledge of the case. Therefore, it is important to collect as much evidence and as many witnesses as possible. The family should contact a skilled wrongful death attorney in their area as quickly as possible, as there are certain time restrictions on what kind of lawsuits can be brought to court.
Remember, every state in the U.S. has different specific rules on the books for what kind of remuneration can be pursued and what actions should be taken by the victim's surviving loved ones. Find an attorney who will consult your case (preferably for free) to determine how you should proceed.
Article Source: http://EzineArticles.com/3638095
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