The Ultimate Tragic Accident
There is an argument to be made that all deaths are wrongful. Indeed, any time that someone passes away as the result of an injury or accident, that death feels preventable. However, legally there are two main types of wrongful death claims: intentional wrongs that cause death, and negligent actions that led to death.
Wrongful Death With Intent
Wrongful death can be a way for a victim’s family to pursue compensation. If someone is murdered through negligence or intentional acts, they will be potentially charged criminally. However, the criminal charges will only result in punishment through incarceration, with nothing being given to the relatives of the victim. In order to recover funeral expenses, lost wages, or any other financial damages, the family will need to file a wrongful death claim. If the defendant was found guilty beyond a reasonable doubt, it is probable that they will be able to show that it was more likely than not that the death was also wrongful.
Negligence and Wrongful Death
In addition to wrongful death claims surrounding intentional acts, wrongful death cases can also prevail if it is proven that the defendant was negligent. In order to be found negligent, several things must be demonstrated. First, there must have been a duty of care between the defendant and the victim. There does not need to be an explicit contract between two people for there to be a duty of care. For example, drivers on the road have a mutual duty of care to one another when operating a motor vehicle. Once a duty of care is established, it must then be shown that the duty of care was breached by not acting as a reasonable person would, resulting in the injury.
Giving You The Advocacy You Deserve
If you or a loved one have suffered an accident that results in a wrongful death and want to seek justice, you will need the help of an experienced criminal defense attorney. A private defense attorney is able to focus completely on your case and devote far more attention to your case than a public defender would be able to.
In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.
At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice personal injury law.