Chicago Personal Injury Lawyer Injury Attorney

 

Wrongful Death

By Milt Rogers

Tuesday, April 05, 2005

A "wrongful death" occurs when an individual is fatally injured due to the misconduct or negligence of another person, company or entity.

The loss of a family member due to an accident causes great turmoil within a family. When such an incident occurs, the consideration of hiring an attorney to investigate the circumstances and initiate a legal claim appears unimportant. However, there are numerous reasons why an attorney should be consulted immediately if one suspects that the death of a loved one was due to misconduct or negligence. Unfortunately, negligent parties responsible for causing death often are never held accountable due to the failure of surviving family members to institute prompt legal action. Critical evidence can be destroyed in the days and weeks following a fatal accident. Further, complex state laws governing wrongful death may eliminate the possibility of recovery when certain legal criteria are not satisfied. Therefore, surviving family members should consult with an attorney immediately.

There are many unique issues to confront in a claim of wrongful death. For instance, many states require that a personal representative of the Estate be appointed through a Court of Probate prior to a wrongful death lawsuit being commenced. Of course, it is necessary to prove that the negligent acts of another resulted in the death. Certain states allow for recovery by individuals who might not be recognized under the laws of other states. Punitive damages may be available in certain states. The rights of each survivor must be investigated and presented without bias or favoritism toward certain individuals. Finally, individuals who are affected by wrongful death are often emotionally volatile and must be treated in a manner that accounts for their grief and loss.

These are some of the unusual issues that require that an attorney be consulted promptly in the event of a wrongful death. An experienced attorney will appreciate the complex issues involved in a wrongful death claim, and deal with surviving family members in a responsible, yet understanding manner. A wrongful death lawyer can assist the members of the Estate by providing wrongful death victims with information regarding the practical and legal aspects of personal injury law and wrongful death claims.