Wrongful Death
Wrongful Death occurs
when a person's death is caused by the wrongful
act or negligence of another.
Wrongful death is the basis for a lawsuit, a wrongful
death action, against the party or parties who caused
the wrongful death. The action may be filed on behalf
of certain members of the family of the deceased
due to wrongful death.
Under "common law," the general legal principles
passed from England to the United States over hundreds
of years, this type of claim did not exist. It was
reasoned that the claim died with the victim; the
surviving family members could not claim damages
from the person who caused the victim's death. To
correct this injustice, the individual states have
passed "wrongful death statutes" over the years.
Some form of wrongful death claim action exists
in all state jurisdictions today.
While they all follow some general principles,
each state jurisdiction is unique, since each state
has drafted its own form of "wrongful death statutes."
A legal cause of action for wrongful death may
exist when a person dies from the negligence of
another. Such a situation may arise in a number
of different contexts:
- A negligent or careless act such as a negligent
driver
- A motor vehicle accident / trucking accident
/ airplane accident
- Defective automobile, tractor, or other vehicle
- A reckless act by another person
- An intentional act such as a deliberate murder
or an attack
- A death in the course of another crime
- A death during a medical operation, and the
neglect of a doctor, hospital or nursing home
- Defective drugs or medication
- A company's negligence in the enforcement of
safety regulations
- Faulty equipment or tools
- A property owner who fails to meet safety regulations
Losing a loved one, especially in wrongful death
situations, is one of the worst events that can
happen to a person. This is especially true when
the incident could have been easily avoided. The last thing that
grieving family members want to do after the loss
of a loved one is fight with an insurance company
or investigate the incidents that may have caused
the death.
It is vitally important to preserve evidence in
a wrongful death case. Whether it is a part from
a tool or an appliance, an automobile, medical records,
pill bottles or other items, the evidence should be retained
with the help of legal counsel. They will assist
in the collection and preservation of evidence,
as it is an important step in protecting the rights
of those who may have a wrongful death case.
Attorneys are best suited to assist you with the
initial investigation of events surrounding the
incident that you believe may constitute a wrongful
death.
If you or someone you know has been
seriously injured, Finch
McCranie, LLP may be able to help you. For your
convenience Finch McCranie, LLP offers you a Free
Case Review. For immediate assistance, please contact
us at Toll
Free 1.866.443.4624 or fill out our Case
Review Request Form. Remember that for over
30 years Finch McCranie, LLP has succesfully helped
hundreds of people solve their legal problems: "Our
commitment is to the victims, their families and
their future..."
If you have any questions regarding the information
presented on this page or Finch McCranie, LLP, feel
free to contact us by e-mail.
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