What is a wrongful death? Isn’t almost any death wrong, if it was unexpected? This often is an extremely difficult situation for a family to go through. The legal definition of wrongful death is “The taking of the life of an individual resulting from the willful or negligent act of another person or persons”. Wrongful death lawsuits can be among some of the more complex and challenging cases in the court system. Unlike a more common case such as a car accident or a motorcycle accident, these cases center on the family of the victim who died, and the significance of the untimely death to those involved. A lawsuit for wrongful death may be brought for either an intentional or unintentional act that causes an injury which ultimately results in death.
Examples of possible situations which may result in legal action from a wrongful death include a blow to the head during a fight which later results in death, or a driver of an automobile who unintentionally causes the death of another in an accident where negligence has been found, or a property owner who does not provide adequate safety features, such as fencing around a pool. A negligence case could follow if a child wandered into the yard and subsequently drowned in the unfenced pool. Any accidental death which can be found to have been caused by a lapse in judgment can be grounds for a wrongful death case.
During the initial period of shock, the family may be too devastated to even think about contacting an attorney. It may take time to begin to understand what steps should be taken after the wrongful death of a loved one. The survivors of the victim are faced with countless overwhelming priorities which range from deciding upon funeral preparations to financial worries with the death of the major source of income. The decisions made in the wake of such an accident are important, and can determine the entire future of the wrongful death victim’s family.
Due to the seriousness of the situation, having a qualified wrongful death lawyer should be one of the first steps you take in such an unfortunate event. Your personal injury attorney will be able to carefully explain whether or not a case is possible and if so, lay out what options are available to you. Looking for a quick settlement may not be your best option. This type of case is much more complex than in an injury only auto accident, where the victims are seeking to recoup for their losses for things like medical bills, car repair payments, or reimbursement of lost wages from time away from work. Instead, there is a sophisticated calculation process undertaken to quantify the victim’s future earnings potential. Also, it is necessary to access financial damages inflicted upon the rest of the family through things like funeral and burial costs. these are not simple or easy decisions. You need an experienced and qualified personal injury attorney. You need Jeff Dawson. Jeff has reached fair financial settlements in numerous large wrongful death cases in Orange County. Contact The Law of Jeffrey S. Dawson today at 949/861-2191 for a free consultation to discuss your case.