Tag Archives: Wrongful

Drunk Driving and Wrongful Death

Responsible alcohol consumption is often regarded as enjoying drinks in the privacy of one’s own home, having a few drinks with dinner, or consuming alcohol only after assigning a designated driver or arranging a safe ride home. Individuals who do not consume alcohol responsibly and choose to operate a motor vehicle may put others at serious risk of injury and death. If an impaired driver causes the death of another individual, he or she may be held liable for wrongful death.

In recent years, there have been numerous attempts to raise awareness about the dangers of drinking and driving. Special interest groups have attempted to highlight the dangers of driving under the influence, and law enforcement officials have dedicated more efforts to enforcing DWI/DUI laws in their states. Efforts at the state and city level have increased punishment for drinking and driving offenses to make the consequences much more severe.

Although many awareness efforts may successfully educate and deter some individuals from operating a motor vehicle while driving, the issue still remains in much of the country. People may not be aware of their limits when consuming alcoholic beverages, or simply may not care about the consequences of their actions until it is too late. Others may not understand that even a few drinks may raise their blood alcohol levels over the legal limits. Regardless of the cause, drinking and driving is a serious problem in nearly every state.

If a drunk driver strikes a pedestrian, collides with another driver on the road, or crashes into a building, he or she may be held liable for injury or damage that results from the accident. If the accident causes the death of another person, the driver may be held liable for the wrongful death of the victim.

Wrongful death lawsuits often contend that the victim was killed due to the negligence on the part of the person being sued. The surviving spouse and dependents may argue that the defendant owes restitution and compensation for emotional distress, trauma, loss of financial support, and other penalties for his or her actions. Although each state may have different rules and regulations regarding the mode of prosecution for such lawsuits, most provide some sort of reasonable compensation for the surviving members of the victim’s family.

If you would like to know more about wrongful deaths caused by drunk drivers, visit the website of the Pennsylvania wrongful death lawyers of Lowenthal & Abrams.

Joseph Devine

Denver Wrongful Death Attorney

Denver the city of Colorado meets many accidents on regular basis on his roadways. There are many types of accident occur in the city like personal accident, car accident, auto accident, motorcycle accident etc and one of them is Wrongful Death. In this case the actual reason does not detect and happen mostly due to the negligence committed by the third party. It requires an experience and knowledgeable Denver Wrongful Death Attorney. We help to make the party accountable for such death and arrange the possible compensation for the injured person.

We at the Denver Wrongful Death Attorney of law father firm are experienced in solving these types of cases. We provide all support regarding the accident and precede the case in the court and fully try to get the right justice for you and ensure that every decision will be on your behalf.

In the year 2009, according to Denver post a man convicted in street-racing death which occurred in Aurora. The two men, 28 and 36 year old were racing at the speed over 70 miles per hour in a 40-mile-per-hour zone when a 36 year old attempted to turn at the intersection of East Yale Avenue and South Peoria Street, but instead struck a vehicle driven by a 63 year old man who was killed. The 36 year old racer was convicted by a jury of one count each of felony vehicular homicide, speed contest, and reckless driving.

In a Denver wrongful death case, there are some amount limits you may recover from the responsible party. The other damages you may be able to recover including medical bills, funeral expenses, loss of wages and loses in professional life. An experience Denver wrongful death attorney can advise you about wrongful death claim eligibility and the damages. If your family member or any familiar has been lost through the wrongful death in the Denver or anywhere in the state Colorado, caused by the negligence of other person, call immediate to us for precede the case in the court to get the fair compensation for you.

Richard is the editor of Denver Accident Attorney and an expert to provides information to choose the right Denver lawyer for the legal cases. For more information please log on to – Denver Wrongful Death Lawyer , Denver Medical Malpractice Attorney .

Wrongful Death FAQ’s

What is a wrongful death? Well many deaths can be included under this label. If you have a family member who died at a workplace, this can surely be included in a wrongful death case. Another common thing is that maybe something malfunctioned, and was the direct cause of someone related to you passing away. Many common cases also include a specific product that was deemed safe but ended up causing the death of a loved one. In order to file a wrongful death case, you must have a certain relationship with the person in question. The first to file should be a spouse. If there isn’t a spouse, then a child can legally file the claim. If no children are available to file, a mother or father of the deceased can file a claim.

On top of making a wrongful death claim, and receiving compensation in behalf of the deceased, family members can also sue for pain and suffering. Having a family member pass away is a very hard time, but it makes it even worst if the family member that passed away could have avoided this all together. Outside of family members rightfully suing for pain and suffering, the benefits you will be seeking in the deceased behalf range from burial costs, to future and expected wages that could have been had, to the loss of care that person was providing to a love one such as a child.

So if the person wrongfully died, but was not employed, could you still seek benefits and compensation with a monetary value? Well, a short answer is yes, you can. Many people have families but do not work because they choose to watch the kids, or take care of the home. This type compensation can be equated in court to a monetary value.

The entire nature of a wrongful death case is very complicated. The immediate thing you should do if you feel like you have a case is contact a professional and trusted attorney. The attorney will know what steps to take to move your case forward, and can give you insight to all of your questions. Most wrongful death cases never reach trial, and are settled outside of court, so this can mean that you will not have to wait years and years for your compensation, but either way, you should not waste any time and contact an attorney who specializes in wrongful death cases.

Raleigh Wrongful Death Attorney

Accident Attorney Durham

Gives input and advice on wrongful death cases.

Wrongful Death

Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person’s injury would result in civil sanction but activities that resulted in a person’s death would not.

 

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is ‘on the balance of probabilities’. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson cases). Wrongful death is also the only recourse available when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.

Prior to a wrongful death incident, you can file wrongful death lawsuits if you are a relative of the wrongful death victims. Winning these civil lawsuits can recover payment for damages to the victims’ lives. The compensation may cover medical and funeral costs, lost wages including future earnings, lost benefits, lost inheritance, pain and suffering, mental anguish, loss of support or companionship, general damages, and punitive damages. However, the last compensation may not be awarded without additional evidence of malicious intent.

Simply, the immediate family members such as the parents, spouses and children of the deceased can file the wrongful death lawsuits on their loved ones’ behalf because they are almost always eligible to file a claim. Minors may need an adult guardian to take a wrongful death lawsuit to court. Moreover, other family members including the stepparents, grandparents and dependents may also be permitted to file suit in some states.

In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. Some jurisdictions have recognized a common law right of recovery for wrongful death, reasoning that “there is no present public policy against allowing recovery for wrongful death.” Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions. Many jurisdictions enacted statutes to create a right to such recovery. The issue of liability will be determined by the tort law of a given state.

For more information on Wrongful Death you can visit http://www.kevinlucey.com/

This is Jon from Indian SEO, you can check kevinlucey Website for Personal injury attorneys Portland