Written on Mar 20, 2012 2:38:00 PM
What's Wrongful Death And Do I Need A Spring Hill Injury Lawyer?
If someone you love was killed in an accident, you might be asking yourself why? These are among the most excruciatingly difficult times we experience in our lives. Sometimes your loved one dies as the result of an unavoidable accident. However, there are times when the accident could and should have been avoided.
Cases involving the following are often grounds for wrongful death, though it’s important to note that any wrongful death claim is to be evaluated on its own merits by a qualified attorney like the personal injury attorneys in Spring Hill at Lowman Law Firm:
A wrongful death lawsuit claims that the victim lost his or her life as a result of negligence (or other type of unjust action or inaction) on the part of the person or entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of those actions or inactions.
A wrongful death claim is to be distinguished from negligence lawsuits, which are filed by the person injured for the damages incurred because of the accident. Originally under “common law,” a wrongful death claim could not happen because the claim died with the victim. The surviving family members then could not claim damages from the person who caused the victim's death. Over the years, individual states have passed wrongful death laws that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. Today, all states have instituted some form of a wrongful death claim action.
Spring Hill Personal Injury Attorneys And Wrongful Death: What Determines Whether I Have A Wrongful Death Claim?
While individual state “wrongful death statutes” were conceived and drafted independently of each other and are frequently differ, they’re all guided by the same generalities. A wrongful death claim generally consists of four elements:
- the death was caused, in whole or part, by the conduct of the defendant;
- the defendant was negligent or strictly liable for the victim’s death;
- there is a surviving spouse, children, beneficiaries or dependents; and
- monetary damages have resulted from the victim’s death.
If you feel a loved one was killed unnecessarily, call your Spring Hill personal injury lawyers at Lowman Law Firm.
Can A Spring Hill Personal Injury Lawyer Help Me Determine If I Have A Viable Wrongful Death Claim?
Yes. At Lowman Law Firm, our focus on various practice areas which fall under “personal injury,” and wrongful death claims constitute an area of practice for us. Lowman Law Firm can assist you with recovering damages in the event of a loved one's death. If you are a member of the victim’s family whose loved one just experienced a untimely death due another's negligence, contact us to speak directly with one of our personal injury lawyers. We always offer a free consultation. In these times of trouble, you always need an ally. Let Lowman Law Firm be your partner through this most difficult of times.