Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
The combination of grief and legal complexities that accompany wrongful death cases can be difficult for folks to cope with. It's important to ask some tough questions before you get started, and here are a few that the court systems will pay the most attention to.
Who Is Legally Liable?
From the viewpoint of a wrongful death attorney, liability means proving that at least one party, usually a person or an organization, acted recklessly, negligently, or with malice. This entails proving that a reasonable person under similar circumstances would not have taken the actions the defendant took.
Likewise, that party's actions had to be the most proximate cause of a person's death. In other words, had those actions not happened, the person would likely still be alive today.
For example, suppose a construction worker was killed because a co-worker shoved them and precipitated a fatal fall. A reasonable person would probably consider it reckless to shove another human being while at an active construction site. This would be a reasonable basis for pursuing liability against the allegedly at-fault worker and the company that was their employer.
Who Can Pay?
The cruel reality is that wrongful death attorney has a duty to help you try to get the most money possible under the circumstances. Doing so often entails going after organizations rather than individuals because those organizations have more money and may have insurance policies. Generally, you will sue anyone who can be reasonably assigned liability, but the money tends to be with whoever has the insurance policy.
Can You Bear the Burden of Proof?
In civil proceedings, the burden of proof in on the plaintiff. When you pursue compensation for the civil tort of wrongful death, you become the plaintiff. While the majority of cases will never end up in front of a judge, the ability to bear the burden of proof will determine how willing an insurance carrier is to settle a claim rather than fight you all the way to court. Fortunately, you must only prove that your explanation of what happened is more likely to be the right one than it is to not be.
Have You Documented Everything?
Before putting a claim down on paper and making an official demand for compensation, you want to know you've accounted for everything. This means documenting medical bills, your pain and suffering prior to the death, burial expenses, loss of affiliation, and lost future earnings.
For more information, reach out to a lawyer such as Attorney Todd E Webb Personal Injury Attorney.Share