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Even if a person is not charged with a crime for the death of another, his or her loved ones may file a wrongful death suit in civil court. Most of these cases involve negligence or misconduct rather than criminal actions. Furthermore, they can only be filed by the executor of the decedent's estate. So, if the executor agrees with the family's decision to file a lawsuit, he or she can contact an attorney. The suit can then be filed in civil court on behalf of the decedent's immediate family. The person who was indirectly responsible for the death will then be named in the suit. Proving The Case For an attorney to recover damages for his clients, he must prove two things. First and most important, he must prove by a preponderance of the evidence that the defendant was responsible for the death, either because of misconduct or negligence. Secondly, he must demonstrate that the plaintiff, generally an immediate family member, was negatively impacted by the loss. This is fairly easy to establish if the decedent was the primary breadwinner in the family. The loss of that income would clearly affect immediate family members, who would no longer benefit from wages earned by the victim. Common Cases Wrongful death attorneys often file lawsuits after one of the following claims the life of another: automobile or plane accident, medical malpractice, on-the-job fatality, food poisoning, exposure to dangerous substances (without proper warning), exposure to toxic products (when not advised), and supervised activities. As you might expect, car accidents are the single most common reason to sue for another's untimely demise. Over 30 thousand Americans perish in car crashes and collisions each year! About one-third of them involve alcohol, which is obviously a criminal offense. But the rest of them are the result of distraction, misconduct, mechanical failure, or simple negligence. The decision to contact a wrongful death lawyer is a highly personal one. Families should mourn the loss of their loved one before they file a lawsuit that may take a long time to resolve. If culpability has clearly been established, attorneys will almost certainly take the case. Expect A Fight Because they deal with the death of a human being, these cases often involve huge sums of money. As a result, they are less likely to be settled than other civil court suits. Many of them take years to resolve in court. But in the end, families often receive reasonable compensation or restitution for the loss of their loved one. Obtaining Legal Counsel Because they deal with accidents and other non-criminal lawsuits, personal injury attorneys are qualified to advise, consult, and represent bereft family members in these cases. However, it is important to ask any prospective litigator if he or she has ever tried a wrongful death case before, since not all personal injury lawyers have experience in this complicated and emotional area of practice. When looking for attorneys, Binghamton, NY, residents visit Stanley Law Offices. Learn more about our services at http://www.stanleylawoffices.com/.
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