An Overview of Wrongful Death Claims
Dealing with the dead of a loved one, family member or even close friends and acquaintances, can be quite difficult. We as people are used to seeing our societies work in a specific way, and forging relationships with those around us – whether they be close or distant, these relationships make up the backbone of our society and create a sense of stability within our lives. However, when an individual who might be a part of this society passes on, it can be quite difficult to reason out, no matter if you are young or old – regardless of how many people you might have seen pass before. The fact is that when this individual is someone close to us, and a strong part of our family and their death wasn’t a result of certain natural causes, or to be expected due to certain health issues – it can truly be devastating and leave us angry, upset and in many aspects looking for answers, as well as someone to blame, if there is one. In cases where a person passes or is killed due to the negligence of another party, while being devastating, there is a powerful piece of legal recourse that can be on your side and while it might not bring that person back, it will certainly help you to get some form of justice as well as to try and begin easing the load left behind by their absence – according to Mr. Charles Spinner, the top wrongful death lawyer Tampa has to offer, wrongful death claims can be quite difficult to deal with on your own, that’s why its important to get the help of an experienced attorney that can help while you are free to grieve.
An important thing for us to recognize is that the majority of wrongful death claims, follow a criminal trial in which the individual who is deemed negligent in the death of your loved one, may be found guilty and therefore held liable and some type of criminal sentencing to come. According to Mr. Spinner, the important thing to know about a wrongful death lawsuit is that it will follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. Regardless, someone found liable for wrongful death may or may not be convicted of a crime associated with that death. As per the top wrongful death lawyer Sarasota has in practice, this means that even if there is a situation where a criminal jury have already found the individual guilty of murder or being responsible for their death in any way shape or form; they may still be held liable during a wrongful death claim, as this is a civil suit in which the plaintiffs are seeking monetary compensation
While it certainly isn’t the best thing for your wrongful death suit, the fact is that the law can still have your back, and technically, the decision in which the criminal jury may have come to (per say, not holding the defendant liable or guilty for the death) should not be able to effect or sway the opinions of the jury. For example, according to Mr. Spinner, the top wrongful death lawyer Sarasota has to offer, in the famous case against football star OJ Simpson, but he was found liable for the wrongful death of the two victims in his civil trial because the plaintiffs were able to prove he was responsible by a preponderance of the evidence.
According to Mr. Spinner, the top wrongful death lawyer Tampa has to offer, any suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will. Also, the fact is that in order to even bring a wrongful death lawsuit, the following must be established:
· An individual has passed away.
· That individual’s death was caused by the negligence of another individual, or with intent to cause them harm.
· The survival of family members who are suffering monetary injury as a result of the death, and;
· The appointment of a personal representative for the decedent’s estate.
Plus, wrongful death situations can come from a number of different instances, not just someone killing another person with intent. According to Mr. Spinner, the top wrongful death lawyer Tampa has to offer, some of the situations in which a wrongful death might occur include:
· Medical Malpractice – Leading to death, and negligence on the part of a doctor.
· Automobile or airplane accidents.
· Occupational exposure to hazardous conditions or substances.
· Criminal behavior.
· Death during a supervised activity.
While wrongful death claims are hard to go through, especially facing the death of someone who might close to you. However, according to Mr. Spinner, the top wrongful death lawyer Sarasota has to offer, they can help you to obtain the financial damages that can help you as you face issues like list wages, hospital and funeral costs and a whole lot more moving forward. For more information on wrongful death claims, and other personal injury issues, be sure to contact Mr. Spinner today.