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For families of individuals who lost their lives because of the negligent act of another or an organization, sometimes it would seem as if hope is already lost.

For families of individuals who lost their lives because of the negligent act of another or an organization, sometimes it would seem as if hope is already lost. For many, it’s not really about the economic repercussions of the accident but more on its effects on their mental, social, and emotional well-being. Families who may have lost a loved one in an accident through fault not their own but by others may often ask what legal courses of action they can take to let the voice of their lost loved one be heard. In the past, there was no such thing as wrongful death. Now, surviving family members can now seek redress for the untimely demise of their loved one.

Wrongful death is defined as a type of personal injury case whereby the surviving family members of an individual who lost his or her life prematurely can bring a lawsuit against the person or entity who is directly or indirectly responsible for the death of their loved one. As in any other type of personal injury case, wrongful death relies heavily on the determination of negligence on the part of the defendant. It must be proven in court that the actions, or inaction, of the defendant caused the death of the plaintiff’s loved one.

Technically, it is the civil law equivalent of a negligent homicide charge in criminal law. This means, the defendant can actually face two separate charges, one in civil court and another in a criminal court. As a crime, the accused is prosecuted by the state. In a civil proceeding, it is the surviving family of the deceased who brings charges against the defendant.

Families of individuals who lost their lives in an accident caused by the negligent act of another have the right to claim for wrongful death. If the individual were alive despite suffering injuries will still want his rights not to be violated. As such, he would file for a personal injury case. However, since he is no longer around, it is now the right of his family to let his voice be heard and his rights instituted. It is for this matter that a personal injury lawyer who has an extensive experience handling wrongful death cases be hired by the family so that they will know how best to fight for their rights as well as the right of their lost loved one.

Distributed by Beutel Hurst Boleky LLC

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