Wrongful Death:
An Overview
ELEMENTS OF A WRONGFUL DEATH CASE Your attorney must prove several things: • A DUTY OF CARE was owed to the decedent by an individual. • That individual BREACHED THE STANDARD OF CARE owed to the decedent. • The individual’s actions (breach) caused the death of the decedent. • Damages WHERE TO BEGIN Once you have gathered your thoughts and have gone through part of the grieving process, contacting a legal firm that has experience with wrongful death cases is your next step. Before your meeting, try and do your best to gather the following: • Any police reports that were filed at the time of the accident • Any accounts from neighbors or other witnesses • Coroner or doctor reports • As much information as you can gather about the case or the person who was harmed It might be painful to collect this information, but it is necessary to provide your legal team with as much information about the accident as possible.
Accidents happen regularly; we all know that. We see it on the evening news every day, but it never really hits home until it happens to a loved one. When an accident could have been avoided and was the fault of another party, the loss of someone’s life could be defined as “wrongful death.” When tragedy strikes a loved one, the first thought is to be there for the survivors. DEFINING WRONGFUL DEATH When you hear an attorney say, “We represent the victims in wrongful death cases,” what does that really mean? Wrongful death claims are created when someone has acted negligently, recklessly, or deliberately in causing harm to another person. Some examples are as follows: • Machinery that was intentionally not repaired properly or not repaired at all • Buildings that were not kept up to code resulting in an accident • Negligent driving, drunk driving, or texting and driving, and causing an accident where someone passes away • Negligent maintenance of an automobile resulting in a collision and death • Trucking accidents on the highways • Medical Malpractice cases As you might suspect, it is vital that you have a strong legal team on your side that can prove a wrongful death has occurred.
HEAR FROM A HAPPY CLIENT
“Carmen and his team are the nicest and most understanding people on Earth. We came to their office afraid and unhappy, and they WELCOMED us with respect and emotional support. It has been a process, but we did it! Every step of the process we felt their coverage and the knowledge. Last week we went to court, and they were there early and with a reassuring “Everything will be okay. I got you,” smiley
face! Congratulations to Carmen and his team! They are fabulous! Thanks so much for the work done! Special mention to Maria Cartagena, the lovely and supportive; Ronnie, the responsive and helpful; and the girls at front desk, the nicest people in Fort Myers. Thanks Carmen. God Bless You!”
– S.R.
Haveyou heard the goodnews?
“For where your treasure is, there your heart will be also.” –Matthew 6:21
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