What Exactly is a Wrongful Death Case

A wrongful death lawsuit is considered a type of claim that is initiated by the family members of a person that passed away as a result of another party’s negligent or careless behavior or an act that is deemed intentional. It is a lawsuit that is typically brought against a person, several people or organization that is thought to be responsible for the person’s death. The entire wrongful death claim is dependent on being able to prove that the death resulted from another person’s actions. The outcome of these cases will determine if surviving family members receive any type of monetary compensation to cover medical and funeral expenses, as well as the loss of income the deceased person may have earned in the future.

Prior to any wrongful death laws being passed in individual states, there were no wrongful death claims in existence. The claims that are now available were not available under instances of common law, which were the legal principles, which were passed from England to the U.S. over a number of centuries. Under the stipulations of common law, any negligence claims were eliminated when the victim passed away, which means that the survivors were not able to recover any type of losses or damages due to the loss of their family member.

In order to have a successful outcome for a wrongful death claim, the survivors have to prove the following:

  • That the person who is being sued was the one that actually caused the victim’s death.
  • That the person who is being sued was either negligent when the death occurred or that they were responsible for the individuals death due to strict liability.
  • That the victim’s beneficiaries, dependents or spouse are still living.
  • That the victim’s death resulted in some type of monetary losses.

When you are trying to prove fault in a wrongful death case, it is a good idea to hire an injury lawyer in Chatham for assistance. This individual will have handled similar cases to yours in the past and be able to provide you with a knowledgeable defense for your particular situation, which is important in receiving the compensation you need and deserve.

Taking the time to find the right lawyer is essential. This will help you to achieve the best possible outcome for your case and ensure you receive the compensation you receive for the death of your loved one.

What to do After You are Involved in a Car Accident

When you are involved in a car accident, it can be an extremely frightening and frustrating experience. Even a seemingly simply accident can turn into a huge ordeal when dealing with various injuries, insurance companies and the other individuals that are involved. Even for the innocent party in an accident, there are a number of steps that should be taken directly after the fender bender occurs.

Ensure Everyone is Okay

Before you start evaluating the damage to your vehicle, you need to ensure that all parties involved in the accident are okay. If someone has been injured, it is important to contact 911 or emergency services, right away.

Save the Apologies

While being polite is an admirable trait, in this type of situation even a seemingly simple “I’m sorry” may be seen as a guilty admission. It is best if you ensure everyone is okay and move on, without exchanging any type of polite behavior at the scene of the accident.

Talk to Witnesses

Only take to witnesses that actually stopped at the accident scene. Be sure that you collect any relevant contact information of bystanders who may have seen the accident take place.

Contact Your Insurance Provider

It is important that you report the accident to your insurance company right away, even if the entire incident was completely your fault. Additionally, you need to be sure that you keep track of the money and time you spend pursuing your insurance claim.

Take Notes and Pictures

When you have proof of the damage on your vehicle, it can help to serve as evidence to insurance companies, especially if there is a dispute down the line. Taking pictures and notes can help to create a record of the incident.

Don’t Automatically accept an Estimate for Compensation

The goal of an insurance company is to make a profit, which means that you do not need to accept the first offer that you receive since it may not be a fair amount.

If you have any questions or concerns about the situation, or are facing a dispute, you should contact an accident lawyer in Sarnia right away. They will be able to review the facts of your case and ensure that you receive a fair amount of compensation for your particular situation. This will help ensure that you are not having to pay for damages or injuries that were not your fault.