Wrongful death lawsuits are among the most important cases that our civil law system handles. Survivors are often entitled to receive compensation when their family members die due to the negligence or malice of others. Cases of this type allow families to seek redress when their lives are shattered through callous, needless actions. Of course, not every death is a wrongful death, no matter how tragic. When a suspicious death occurs, survivors should contact qualified attorneys as soon as possible. The longer plaintiffs wait, the worse their chances for achieving due redress.
As a lawsuit, a wrongful death suit takes place in civil court instead of criminal court. Sometimes, a wrongful death finding accompanies a criminal conviction. However, criminal conviction is not necessary for a successful wrongful death suit. O.J Simpson is one example of a criminal defendant who lost in civil court after being acquitted in criminal court. Discrepancies like this result from the fact that civil and criminal cases have different standards of evidence.
In legal terminology, the deceased victim is known as the decedent. Only an official representative of the decedent’s estate is allowed to file a wrongful death suit. In many cases, wrongful death suits are filed in tandem with other relevant claims. These concurrent claims may include personal injury or deliberate infliction of pain and suffering. The plaintiff may also attempt to recoup any expenses incurred before the death of the decedent.
For a wrongful death suit to succeed, it is generally necessary for surviving family members to face monetary injuries stemming from the death. Sometimes, wrongful death suits are brought against physicians who are suspected of medical malpractice. Suits of this type often follow automobile or airplane accidents. When a death occurs to someone during the course of their employment, the employer may be legally responsible. For example, the court may find that the employer improperly exposed the employee to hazardous working conditions or dangerous substances.
Fortunately, there are quite a few outstanding lawyers available to pursue wrongful death suits to suitable conclusions. The best of these lawyers have tremendous reserves of legal experience and skill, which they use judiciously for the betterment of their clients. TJ Smith is a perfect example of this outstanding class of attorney. More than simply legal professionals, the best wrongful death lawyers truly care about eliminating injustice from our society. Wrongful death and personal injury claims are important tools for ensuring due recompense for victims and their families. Hopefully, government officials will work harder to ensure that justifiable wrongful death claims are given greater opportunity to succeed.
Though wrongful death suits are often long and complicated, it always worth it to fight for justice. Unfortunately, too many procedural hurdles discourage the pursuance of legitimate wrongful death claims. Eliminating these hurdles will help restore the public’s faith in the modern legal system. People want to be able to trust that everyone is equal under the law. Inasmuch as the public loses faith in legal institutions, this can fuel social instability and unrest.