Personal Injury Attorney – Wrongful Death Litigation Incidents

By Lisa Blackstone

By legal explanation, a wrongful death is “A death attributable to the wrongful act or negligence of some other and that may serve as the cornerstone for a civil action for damages on the part of the deceased’s heirs.” While many people assume a wrongful death suit is a criminal case, it’s not at all. However with that in mind, a wrongful death case may follow a criminal case, and the best-known example of that is the OJ Simpson affair.

In cases of wrongful death, those left out are classified as dependents or beneficiaries and because of this death, they are qualified for damages as a result of negligent actions of the defendant. This is not a typical negligence lawsuit either.

To elucidate the differences from a wrongful death civil case and a normal negligence lawsuit one has to know a bit of history first. Within common law, a wrongful death claim didn’t exist. For the reason that it was considered that the claim died with the victim, so how could she or he be compensated for damages? This meant survivors couldn’t seek out damages from the person who caused the death.

Eventually realizing this was a fairly backwards and exclusionary way of justice, the states remedied that glaring error by passing what is known as “wrongful death statutes.” These statutes specifically provide compensation for those who have experienced losing a loved one. Not all states have the same statutes and you will need to consult an expert attorney to find out what the rules for filing are in your particular state.

While most of the state wrongful death statutes are considered to be unique, they do follow the same general principles. Consequently there are four common elements in all states for a wrongful death claim. The first element is that the death was caused partly or wholly, by the conduct of the defendant.

The second reason is that the defendant was negligent or in the alternative, strictly chargeable for the victim’s demise. Element three is that there is a surviving spouse, children, dependents or beneficiaries. The final element is that monetary damages have resulted from the victim’s death. If a case meets these elements, then it must also fulfill the time limit for filing, and in most states the claim must be filed within a year of the death.

The courts have a lot of discretion in what kind of damages they may award. As an example they may award for emotional pain and suffering, for the loss of future earnings, funeral expenses, medical costs and loss of benefits. In most cases the court may also award punitive damages depending on the facts of the case.

If your have lost a loved one and want to be made aware about filing a wrongful death lawsuit, contact an attorney who is highly experienced in this field of the law. These cases are not simple and easy having a competent lawyer to assist you and your family through the process will make things that less difficult in the long term.

Well I hope this helps you gain some insight about how to find the right attorney amongst all the Atlanta Personal Injury Lawyer you’ll find in our fine city.. This article, Personal Injury Attorney – Wrongful Death Litigation Incidents is available for free reprint.

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