When someone that you love is killed due to the negligence or action of another person or company, you are shaken to the core. Death is always difficult. But when someone’s life is cut short needlessly, where do you turn?
What Is Wrongful Death?
Death is supposed to be a natural event. While we may expect death if we become ill or if we are aged, this situation is a natural death.
When someone loses their life because of the action or negligence of someone else, this is a wrongful death. There are many types of deaths that are considered wrongful deaths. Here are a few examples:
● An employee is putting away stock when the upper shelves fall on him and crush him to death.
● A person goes to the hospital for a minor procedure, and they are accidentally given a drug that they are allergic to.
● A driver of an automobile gets into a fatal crash because the brakes on their automobile are defective.
● A worker is killed when using a tool given to him to perform his job malfunctions because the safety guard was removed.
An easy way to determine if you have a wrongful death claim is this:
Ask yourself, if the person involved had not died in the accident, would he or she have been entitled to a personal injury settlement? If the answer is yes, then their heirs are probably entitled to a wrongful death settlement.
Criminal Wrongful Death Or Civil Wrongful Death?
Criminal wrongful death is usually murder. The person either deliberately killed someone or put the victim in danger by breaking the law, such as DUI.
When someone murders a person or kills a person with deliberate action, the state brings charges against them. They broke the law, and the state seeks to punish the lawbreaker with jail time, fines, probation, and other sanctions.
When someone’s death could have been prevented, but it was still accidental, this can be tried as a civil matter. In many cases, people will seek and can win damages in a civil court, even if they did not get a guilty verdict in a criminal court. This is because the burden of proof in civil court is not as hard to meet. Your attorney must show that it is more likely than not that this action caused the death.
How An Attorney Can Help You
There are reasons why we do not put people in jail without 100% undeniable proof of their guilt. No person should ever be sent to prison if there is any doubt of their guilt.
However, the family of the victim deserves justice. Families deserve to be compensated for their sorrow. Children should not lose their home or be unable to attend school because someone was careless with a tool at their business.
Your wrongful death lawyer in Coeur d’Alene helps you get justice. He or she helps you determine the monetary cost of the accident. Of course, business owners do not want to be in this situation.
The fact remains that their attorney will do everything in their power to minimize the cost to their client. Your attorney is the equalizer. He or she is the one to keep the scales of justice level on your behalf.