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The Ins and Outs of Wrongful Death Cases

The Ins and Outs of Wrongful Death Cases

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.

Understanding Wrongful Death Lawsuits

Understanding Wrongful Death Lawsuits

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.