Wrongful Death Claim – Why You Need An Attorney

Hiring A Wrongful Death Claim Attorney

When a person dies as a result of another individual, group or entity’s negligent acts, wrongful death lawsuits are usually filed. There are certain conditions that must be fulfilled for one to file for a wrongful death claim. The damages that are as a result of the lawsuit also tend to be different from other lawsuits.

One of the differences that there is between a personal injury claim and a wrongful death claim is that the victim is deceased. This means that the damages that result from the lawsuit are awarded to those who survive the victim, for instance his children, wife/husband and any other beneficiary that might exist.

Wrongful Death Claim Conditions

For a claim to consist a wrongful death claim and for one to obtain a suitable court ruling, the following conditions must be fulfilled:

  • The death must be as a result of the negligent actions on the side of the defendant.
  • The deceased must be having those who survive him, beneficiaries or dependants, for instance, his children or his wife.
  • Due to the death of the victim, monetary damages have resulted.

If all the three conditions have been fulfilled, it is most probable that a death claim exists. When one is considering filing for wrongful death claim, it is always advisable for one to seek for our professional help. Irrespective of the evidence that one might think they have against the defendant, it is good to seek our services as we are able to offer a better argument in the court houses tan an individual could. Our experience in the courthouses is priceless in such a situation.

After Filing Your Wrongful Death Claim

It is also important for one to understand that after a filing a case, it may take any time between a few weeks and several years before the proceedings take place. It is also important for one to understand that there are time frames that will affect the time up to which a wrongful death claim can be filed. This however depends on the laws governing a given state. What this means is that one cannot file a wrongful death claim twenty years after it is committed.

It is quite unfortunate to lose a family member as a result of another person’s action. Although having the damages will not bring the person back, it will work to ensure that the ones responsible don’t repeat the action again. One way of ensuring that the defendants really pay for what they did is by consulting us in these matters. Our long experience in personal injury will increase your chances of getting a suitable ruling.

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Wrongful Death Claim

Premises Liability Claims Explained

Premises Liability

The moment someone steps into your property, they have a reasonable expectation that they won’t get injured in the process. This automatically gives you the mandate of ensuring that my property is safe for everyone visitor. For instance, if a courier was visiting your premises and he slipped and fell on an oil slick along the driveway, you could be held accountable for that accident. However, if that courier was intoxicated or he behaved in a manner that was likely to put him in danger at the time of the accident, then you shall be safe from any premises liability claims.

You see, the premises liability theory holds property owners and residents liable for damage or injuries that occur in their properties. These claims can arise from an slip and fall incident at home, to injuries encountered at the amusement park. Again, these laws are relative to the state in which they are formed. Some states will only focus on the status of an injured visitor while others will focus on the condition of the property as well as the activities that the owner/visitor was taking part in before he met his injury.

If you occupy a premise as a tenant, you am treated as an equal to your landlord, and thus any injury that arises on your premises will subject you to a possible lawsuit on the same.

The Legal Status Of Visitors And Premises Liability

Those who visit residential premises often fall into three categories: Invitee, licensee and trespasser. As for the states that focus on the status of the injured visitor, 4 different labels may apply, and these are social guest, invitee, licensee and trespasser.

When you run a business for example, you expect customers to come into your premises. your customers automatically become invitees, and so the law expects you to take reasonable care by ensuring that my business premise is safe.

A licensee enters your property as a social guest or for his own purpose. But the bottom line is that he must do so with your consent. Thirdly, a social guest is just someone who is welcomed into your property. And lastly, a trespasser is someone who gains access to your property without your consent, and in this case, they are agreeing that they shall be liable for their own injury if it occurs.

Children / Property And Premises Liability

A landlord is expected to give warning if children will gain access to his premises. He is also to state that a dangerous condition exists in his property, thus children accessing his property could face serious injuries or death.

When Both Parties Are At Fault

When solving premises liability claims, some states use what we call ”comparative fault”. This means the legal damage incurred by the injured person will be reduced to a certain percentage that will be equal to his fault. So in the event that the jury decided that he was 25% liable for his injury and the total cost of damages was $10,000, he would receive $7,500 instead.

It’s always good to seek the services of a qualified attorney when it comes to matters of premises liability claims. That’s why we’re here to help you solve these problems in court. We will take you through the process, step by step, ultimately ensuring that you get the fairest compensation for your injury.

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Premises Liability Claims