What Makes a Wrongful Death

19/06/2012 13:37

When one of your closest relative or a loved one killed because of someone's negligence or wrongful conduct, the family of the victim or other beneficiaries can file a wrongful death case against to those responsible for the death of your relative. Hence, Wrongful Death law differs from state to state, but according to most wrongful death lawyers, in general the death cause of negligence has the same fundamentals and basis.

Wrongful Death

The wrongful death statutes originally created to provide financial support for the victim's widow and children. As well as, to motivate people to be cautious and to exercise care in order to prevent injuries and death. Unlike with criminal charges, the wrongful death action is separate and neither proceedings affect nor controls the other. This implies whether a defendant is acquitted of murder, the victim's family however can sue the defendant in a civil action for the negligence resulting to death.

The death of a person can be brought by either an intentional or unintentional act resulting in injury and worst of death. For example, a blow to the head during a fight or playing baseball that later causes of injury or resulting in death that still may consider as intentionally caused. Wrongful act such automobile accident and medical malpractice are among the cases that happens any minute. If it happens to you then you may need an immediate action. It is hard to accept losing someone especially if the cause of death is due to other people's negligence.

However, in some instances a wrongful death statute not applicable to an unborn fetus. Under the law, an individual does not have a particular legal status until finally he/she is born alive. A wrongful death can be brought if an infant is born alive, and afterwards dies as a result of an injury incurred prior to birth.

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