Many people do not know whether or not they can file a wrongful death claim. First of all, a loved one’s death must have been caused by another person’s negligence. The liable party must pay damages for funeral expenses, medical bills and loss of companionship. Moreover, they will pay an amount for the deceased’s loss of income. Who is entitled to bring the claim? The claim must be filed by someone who acts on behalf of the victim’s heirs. In most states, the court must declare the representative the estate’s administrator.
A wrongful death claim results from many things including auto accidents. Likewise, many cases occur due to medical malpractice. Anyone with a wrongful death in Paulding County should visit Dsternlieblaw.com. Schedule an appointment to have the case evaluated. Cases may also be brought against manufacturers of defective products. In addition, there are cases that involve fatal DUI accidents. The owner of a bar that sells liquor to an intoxicated driver can be held responsible.
Sometimes, government agencies have immunity in wrongful death cases. Recent legislation extends immunity to the railroad and the maker of certain medical devices. Additionally, generic drug makers are immune. Basically, a wrongful death in Paulding County means the lawyer has certain things to prove. First, the lawyer must show that the defendant owed the plaintiff a duty of care. Next, it must be proven that the defendant failed to provide the duty of care. For instance, a driver has the duty to drive safely on the highway and obey the law. They may fail in this duty by speeding, driving while intoxicated or running a red light. Finally, the lawyer has to prove the defendant’s negligence caused the death.
In most states, the lawyer has more work to do. They must prove negligence with a preponderance of the evidence, which means the evidence meets the burden of proof. Eventually, many insurance companies will settle wrongful death claims. They want to avoid the time and expense of a lengthy trial. Settlement benefits the plaintiff, as well. It can take years for these types of cases to make it to trial.
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