A wrongful death lawsuit represents a wrong that cannot be made right. To the surviving family members, the lawsuit often represents a search for justice. The settlement serves as proof that their loved one’s life had meaning and value. This type of lawsuit is based upon facts, like any other lawsuit, but it is fueled by emotion. Visit website for more details.
A claim involving Wrongful Death in Vicksburg MS is usually filed by the person who represents the estate on behalf of family members. This is essentially a personal injury case that resulted in someone’s death, either because of the defendant’s negligence or intentional harm.
Examples of circumstances that could result in a wrongful death lawsuit:
Intentional harm.
The second OJ Simpson trial is a famous example of a wrongful death lawsuit alleging that the defendant intended to kill the victims. OJ Simpson was found guilty in the wrongful death case even though he was declared innocent in the earlier murder trial.
Medical malpractice.
This type of case often revolves around a doctor failing to diagnose a fatal medical condition. A medical malpractice case could also charge that the doctor was careless about the care provided.
Fatal car and truck accidents.
When the accident is caused by someone else’s negligence (speeding, etc.), this would allow the survivors to claim Wrongful Death in Vicksburg MS.
There are four elements that must be proven.
Duty.
The defendant must have been obligated to act with ‘due care’ toward the defendant. Negligent driving that resulted in a death can be argued to be less than the duty of due care; a reasonable person would have been driving with more regard for others and the accident would not have happened.
Breach of Duty.
If it is proven that the defendant was driving carelessly, then the defendant breached the duty of due care.
Causation.
To continue with this example, it must be proven that it was the defendant’s car that hit and killed the victim, not someone else’s car.
Damages.
If the elements above are proven, damages will be presumed in a wrongful death case since the victim died.
If you lost someone from Wrongful Death in Vicksburg MS get justice for them. The Law Office of Dean Andrews Jr focuses on wrongful death and personal injury cases. Call them to schedule a free initial consultation.
