Even in those situations where someone is not charged with a crime regarding the death of a person; the deceased’s loved ones can easily file a civil suit for wrongful death. In most of these cases misconduct and negligence are sighted other than criminal responsibility. Take note also that only a person who is an executor of the deceased’s estate can file such a suit. This means that when an executor agrees with the family that there is need to file suit, they cannot also act as the wrongful death attorney. Such suits are normally filed in a civil court for the decedent’s immediate family where they name the person they believe is indirectly responsible for the death.
Prove the case: If the wrongful death lawyer is going to recover any damages on behalf of his clients, there are two things he needs to prove. The first is that he needs to show by a preponderance of evidence how the defendant is believed to have been responsible by either negligence or misconduct. The second thing he will need to demonstrate to the court is how the plaintiff, who is normally an immediate family member, will be negatively affected by the loss. This may not be very difficult to establish in cases where the decedent can be shown to have been the primary breadwinner; this would show how the family will get affected by the loss of the income the victim earned.
Common Cases: In most cases wrongful death attorneys will file cases as a result of any one of the following incidences such as: aero plane or automobile accidents, on the job fatalities, medical malpractices, exposure to dangerous substances without the required warning, food poisoning, and exposure to toxic products without due advice or several other supervised activities. You can be sure that automobile related accidents account for the most common reasons that people will sue for the wrongful death of loved one. Out of the thousands of car crashes that occur each year, more than one third of them are associated with drunken driving which in itself is a criminal offense. The other related crashes can be as a result misconduct, distraction, simple negligence or mechanical failure.
The decision on whether or not you are going to get in touch with a wrongful death attorney is really a highly personal one. However, it is advised that people should finish mourning their loved one before they can decide to file a suit; some of these lawsuits can take a considerable amount of time before they can get resolved. When culpability has been clearly established, you can be almost sure that an attorney will take up your case. You must also expect a long fight in court that can take several years but finally you could get reasonable restitution or compensation.