How a Wrongful Death Lawsuit Works
- By Admin
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- 23 May, 2016
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Wrongful death occurs when someone dies due to negligence on the part of a person, company or product. In many cases, someone can file a lawsuit on behalf of the deceased in an attempt to receive compensation to help with funeral costs, lost wages and related expenses. However, the process can be complicated.
Application of Laws
If the deceased could have filed a personal injury claim if he or she had survived, then wrongful death is applicable. Common cases of wrongful death include medical malpractice, car accidents, malfunctioning products or intentional death at the hands of someone else, such as during a robbery.
How to Prove Wrongful Death
The plaintiffs in a wrongful death case must be able to prove the defendant was negligent. This includes showing the defendant intentionally meant harm, was not paying attention when driving, did not create a safe product or was otherwise negligent.
Filing a Wrongful Death Claim
In most cases, someone who represents the deceased's estate files a wrongful death claim on behalf of the victim's survivors. Each state has its own definition of who qualifies as a survivor, but every state allows a spouse or parents of minors to file claims.
If someone you love died due to someone else's negligence, a wrongful death lawsuit that falls in your favor can assist you with loss of expected income or other financial aspects of the situation. To learn more about filing a claim, call Daryl J. Walker Law Firm in Savannah at 912-232-0232.
Dogs are loving and smart. Dogs are also animals, and all animals can be unpredictable. A dog can bite someone and cause serious injuries without warning. If you have been attacked by a neighbor's dog, you know the effects of this scenario all too well.
For people in your situation, the goal is to determine who is at fault for their injuries. Is it the dog owner or is it the victim? This question is not always an easy one to answer — here's why.
Life is very chaotic after an accident. With all that is involved in the recovery of an injury, it is difficult to stay organized. However, it's important to keep everything organized because detailed records make a difference when you file your lawsuit. Because the trauma of a car accident can leave people rattled, here's a reminder of what your lawsuit should include.
As the winter weather patterns begin, the likelihood of car accidents increases. Winter weather, including snow, sleet, and high winds can result in hazardous driving conditions for motorists that can result in major incidents on the roadways. Mother Nature, unfortunately, is willing to unleash her power that can be devastating when you have to drive often.
One of the best ways to avoid an accident this time of year is to practice common sense when you are driving. If the weather is poor, you will need to drive slower and proactively. It is crucial that you know how to react if you hit a patch of ice with your tire so that you minimize your damage as much as possible.
However, as careful as you can be, you cannot control how others behave on treacherous highways. When other drivers drive less than carefully, or downright dangerously, it is very easy for them to lose control and impact others on the road.
The following is some information you will need to know about driving in dangerous winter weather, as well as what you can expect should you become involved in an accident.
Accidents That Can Occur Due to Winter Weather
Poor driving in bad winter weather conditions can result in serious car accidents. In addition to paying attention to your surroundings, you also need to know the common causes of accidents this time of year so that you can remain as cautious as possible.
Driving too fast is one of the leading causes of accidents in bad weather. Without realizing it, you can very quickly hit black ice or pockets of water that can cause your car to hydroplane. You will have no control over where your vehicle goes while you are hydroplaning, so it is best to pay attention to ensure you avoid areas that hold that risk.
Inattention of other drivers on the road can also quickly result in an accident. If you are not being proactive on the road during bad winter weather, someone in front probably is. When you are not paying attention to how others are driving, you could find yourself in a collision.
For instance, if the driver in front of you suddenly hits the brakes due to a dangerous place on the road, you can end up rear-ending that driver because you were not looking at what was going on around you. The other driver was being cautious and paying attention to the roadway, which leaves you as the negligent party in this example.
The Role Negligence Plays in a Winter Car Crash
Accidents can happen in poor winter weather conditions, no matter how carefully you drive. If you are the victim in a crash, the first thing to do is discover who is at fault. Negligence on the part of the other driver is key to getting your damages paid.
You will need to provide proof that the other party was negligent in the accident to get some or all of your damages covered by insurance. You will need to show that the other driver did not take care to act reasonably within the scope of the weather conditions to properly and safely operate a vehicle and therefore was the primary cause of the accident.
To prove negligence, you can provide your own account of the accident, but you should also rely on witness statements, physical proof, and the report provided by the responding law enforcement. You may even want to hire an accident reconstructionist to recreate the scene based on the report if the other driver contests his or her negligence.
If you need assistance with an accident claim, please visit Daryl J. Walker Law Firm for more information.
A DUI arrest may seem like an impossible thing to overcome, but there are reasons to have some hope. Not every traffic stop, test or charge is unbeatable. In many instances, the charges are dropped because of common mistakes that law enforcement officers make. Here is just a small sample of the many ways lawyers help their clients to beat unfair DUI charges and avoid the complications they cause.
Being accused of committing a crime is a stressful time in anyone's life, but given the long-lasting public crusades in opposition to driving under the influence, those accusations can represent a particularly sensitive challenge. Mistakes happen from both a decision-making standpoint as well as an investigatory standpoint, and it's important that you don't allow yourself to be overwhelmed by the process.
Protecting your own interests is a vital part of recovering from being charged with DUI. Unfortunately, many people may not even know where to begin to get their bearings and defend themselves, and as a result, you may miss an opportunity to take important steps for your own protection.
Below, you'll find a guide to some things you should be sure to do in the aftermath of a DUI charge. Keeping these suggestions in mind can help you to maintain your current standard of living while you're going through the process and can allow you to find the best possible outcome from a difficult legal situation.
Protecting your own interests is a vital part of recovering from being charged with DUI. Unfortunately, many people may not even know where to begin to get their bearings and defend themselves, and as a result, you may miss an opportunity to take important steps for your own protection.
Below, you'll find a guide to some things you should be sure to do in the aftermath of a DUI charge. Keeping these suggestions in mind can help you to maintain your current standard of living while you're going through the process and can allow you to find the best possible outcome from a difficult legal situation.
A criminal defense lawyer specializes in representing people who have been accused of criminal activity. Basically, these lawyers defend anyone who has broken a law. If you have been arrested and charged with a crime, a criminal defense lawyer can help you before, during and after your court appearance.
This isn’t where to learn how to embezzle in the state of Georgia or any other jurisdiction for that matter. Rather, this is meant to help you avoid the crime altogether. Here are some key facts about Georgia that anyone involved there should know.
Driving under the influence (DUI) is a criminal charge that can damage your life. Heavy financial consequences and even jail time are possible punishments. Even heavier penalties are leveled on repeat offenders.
For people who have alcohol or drug problems, a DUI charge can often prompt them to seek treatment. Seeking treatment for drug and alcohol issues can be a turning point in your life and help bolster your legal defense. Here is how a treatment program can strengthen your DUI defense.
Anyone charged with a crime has the option to post bail in order to be released from jail until the trial occurs. If you find yourself in a situation where you need to post bail
, this information will make things a little easier to understand.
The first step to take after being involved in a car accident is to keep calm. The next five things you should do are listed below.