Wrongful death cases represent an extremely serious branch of law. Wrongful death can be proven when it is clear from a legal standpoint that someone has died as a direct result of the actions of another person. It is a form of personal injury case where the unfortunate facts in the case have ultimately led to death.
Who can Pursue a Wrongful Death Case?
The people with legal standing to pursue a wrongful death case are typically those who would be affected by the estate of the deceased. For example, family members and those mentioned in last wills can build a case.
What Must be Proven and by Whom?
The burden of proof is on those bringing the case before the judge. In other words, if a family member wants to pursue wrongful death in a legal manner, the burden of proof rests with the side representing that side.
The case will rest on how much it is cut and dry that a given individual directly caused the death. Can their actions be traced? Did they have a clearly delineated and direct impact during the events?
This means that wrongful death cases are quite an undertaking. There may be a considerable emotional toll on those seeking these kinds of cases. That is why a strong legal counsel willing to take on the case is highly important. For more information, contact The Law Offices of James E. Latimer in Oakland at 510-444-6555.
A wrongful death claim occurs when a defendant has caused someone’s death through intentional harm or negligence. The suit is filed by the deceased person’s estate against who may be legally liable. At times legal issues can seem complex. Here are some basics to help you understand wrongful death lawsuits.
When Can You Claim Wrongful Death?
There are a few instances that are applicable for wrongful death. They include:
- Car accident fatalities
- Intentional killing
- Medical malpractice
Who Can File A Claim?
Generally, if a wrongful death claim is filed, it is going to be filed by a representative of the victim’s estate. This is done on behalf of the survivors who had some form of relationship with the victim. Often, this is a spouse, but it can also be filed by someone with a familial relationship. The distance of the relationship can vary from state to state.
What Has To Be Proven?
A wrongful death claim has to prove that there was some form of negligence or intent. In negligence cases, for instance, there often has to be proof that the defendant had an obligation to the victim and failed at it.
Wrongful death lawsuits can be complicated to navigate. If you need more information about wrongful death claims, contact The Law Offices of James E. Latimer in Oakland at 510-444-6555.
Every job has its risk. However, construction workers face particular threats that other professions do not. This makes them particularly vulnerable to injuries sustained on the worksite, and if you or a loved one gets hurt while working, you can benefit greatly by speaking with a construction accident lawyer.
Helps You get the Most out of Your Settlement
Naturally, when it comes to lawsuits, nothing is a guarantee, but an attorney can increase the chances of acquiring a much better settlement offer. Your workplace may approach you with a settlement that seems okay. You should always have this offer reviewed by a lawyer before signing anything. You could be missing out on lost wages or medical expenses beneath all the fine print.
Helps You if You Need to go to Court
Sometimes construction related accidents make their way to the courtroom. With an attorney by your side, you will know exactly what legal theories need to be brought up. Precedents may be in play that works in your favor. To have the best chances of a case ending in your favor, you should hire an attorney shortly after the accident occurred.
Never settle for an offer until you speak with an experienced attorney near you. Contact The Law Offices of James E. Latimer in Oakland at 510-444-6555.
While most employers do what they can to prevent workplace accidents, employees may still find themselves injured on the job. Many workers find that they fall victim to life-changing ailments at their place of work. Here are the top ten causes of workplace injuries:
Wet floors can commonly result in head and brain trauma.
From construction sites to office buildings, falling objects are often a cause of injury.
Back and spine pain are common in many professions including nursing, construction and agriculture.
Many falls in the workplace are due to hazardous working conditions.
Your employer may be liable for chemical burns and even loss of sight if safety protocols are not followed when working around dangerous chemicals.
Common accidents occur while operating vehicles, forklifts and construction equipment.
Working past the level of fatigue can impair reaction time and decision making.
Some repetitive stress issues include carpal tunnel syndrome and chronic elbow pain from factory or office work.
Worrying too much can cause distractions at work as well as contribute to chronic illnesses that can be debilitating.
This includes any act or threat of physical violence or harassment that occurs at a workplace.
If you are a victim of workplace injury or violence, contact a workers’ compensation attorney for legal help. For more information on workplace injury cases, call the Law Offices of James E. Latimer at 510-444-6555.