Determining liability in a wrongful death case can be incredibly difficult. Generally, in order to determine liability, an investigation must be launched. When launched, the investigators will go through all of the information and evidence relevant to the case so that they can reach an informed decision and decide who it is that is responsible, or if it is the fault of the person who died. Wrongful death lawsuits are very serious – they can result in people being sued for huge amounts of money, so must be dealt with very seriously and professionally.
In this article, we are going to tell you how a wrongful death case is dealt with, pertaining specifically to extreme sports. We hope that you will enjoy this article and if you find yourself having anything that you want to add, please leave a comment down below.
Wrongful death cases with extreme sports; how do you determine liability?
What Is a Wrongful Death Case?
A wrongful death case is categorized as a case where had the victim not died, that they would have had a strong case for personal injury. There are a number of potential scenarios that qualify as a wrongful death case, one being, for example, if a person is walking across a zebra crossing and a truck driver hits them, ignoring the fact that they were crossing a protected area, and that they (the truck driver) should have slowed down instead of pushing on through.
Types of Wrongful Death
- Intentional Death
If a person is intentionally killed by another, the suspect can still be held accountable in civil court, even if they receive a unanimous not guilty in a law court. Intentional death is a type of wrongful death case that is alarmingly common.
- Medical Malpractice
Medical malpractice is another all too common reason for a wrongful death case. A medical malpractice case occurs when healthcare providers are not on the ball, and whether through negligence or laziness, cause a person to die. Medical malpractice wrongful death lawsuits can be incredibly serious and have dire consequences.
Accidental wrongful death lawsuits are taken as seriously and pursued as vehemently as any other. Extreme sports wrongful death lawsuits fall into this category, for they are very often just accidents, and not medical or intentional. In a wrongful death case, your attorney, according to the specialist attorneys at ButlerFirm.com, should make the process as easy as they can for you. Even if an accident is just that, an accident, then it can still be punishable in civil court.
What Must Be Proven?
In a wrongful death case, guilt must be proven. In order for an extreme sports injury to be classified as wrongful death, the prosecution must prove without a doubt that it was an accident caused by somebody else, and not by the person who died. It could fall upon the manufacturer of the equipment, the distribution of the equipment, or another person getting in their way and causing them to become hurt.
Who Can File?
In a wrongful death case, only a few people can file. Generally, it has to be a child, parent, sibling, spouse, or dependent. Other people may still attempt to file, but there is no certainty that it will be accepted. Filing for a wrongful death case has to be just – there has to be a reason. A person who neither depends nor talks to the victim of the wrongful death cannot apply unless they have good reason to do so. Filing for a wrongful death case can be very traumatic and stressful – it is important that when you do file that you hire the best attorney that you can to represent you to ease the burden and so you can sit back while they do all the work. Having time to grieve and mourn is very important for your mental and physical health.
List of Damages
Here is a list of damages that a person can receive compensation for in a wrongful death case:
- A person’s pain and suffering prior to death, which is known as a ‘survival’ claim;
- The treatment required for a person before they die, the bill for which may fall upon relatives;
- The cost of burial, funeral, or religious rites;
- Income that may have been expected to a relative prior to their loved one’s death;
- Inheritance lost;
- The services and care a person would have provided;
- Guidance, relationship, or care that may have been provided by the deceased;
- Companionship, love, and marriage.
Wrongful death lawsuits are very stressful – they are not something we would imagine that anybody wants to have to be involved in. Even so, the world is a tough, unpredictable place – you never know when your time is up. Thank you for reading, please come back and visit us again soon.