How To Establish If You Have A Wrongful Death Case?

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It's Personal: A Personal Injury Law Collection When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be. We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.

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The question of whether a death due to an accident may be legally considered wrongful is one that requires some effort to sort out. You may not be a wrongful death accident attorney, but paying attention to these details will help you determine whether you may have a case.

Your Legal Standing

Wrongful death accident lawyers hear lots of arguments from people who don't have legal standing. No matter how close you may have been to a person before their death, the law is very strict about who can file a claim or pursue a lawsuit. Spouses almost always have the right to seek compensation for the death of a partner, including money to cover medical bills, lost future earning potential, and loss of affiliation or companionship. Dependent children may also have standing, and they may be able to seek compensation for the loss of parenting. Parents of dependents children who died can seek compensation, too.

Most other people don't have standing. Non-dependent children, unmarried partners, business partners, and siblings often feel like they should have the right to pursue compensation, but the law says otherwise. Special pleading might be possible for someone who lost a person standing in loco parentis, such as a sibling who was effectively a guardian, but claims adjusters and judges treat these cases with much greater scrutiny.

Assigning Responsibility for an Accident

In most states, the events leading up to an accident have to be predominantly the fault of the party named in a claim or lawsuit. Some states will consider partial-liability claims, but these usually involve incidents with three or more parties potentially at fault.

What does that mean for you? In nearly all cases, the deceased party had to have been 49% or less responsible for the accident happening.

If you're wondering how a number like that might be arrived at, juries are asked to do it all the time. Claims adjusters make similar judgments. By examining the facts of the case, they determine who, if anyone, carries most of the responsibility for an accident occurring.

Consider for example a case where a driver was killed while making a left-hand turn. The driver may have failed in their responsibility to check that the lane was clear before turning. The motorist who struck might have been speeding, too. Apportioning responsibility for the incident means quantifying how much each driver contributed to what happened. If the defendant appears to have been 51% or more responsible, you may have a case.

Speak with a wrongful death accident attorney to learn more. 

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