Wrongful Death Attorneys – Personal Injury Law

Wrongful Death Attorneys – Personal Injury Law

While some people may consider a wrongful death to be a criminal act, or at the very least, the result of a criminal act, a wrongful death lawsuit is a civil case and is tried in civil court. When the death of someone is caused by the negligence of another, this is usually when the survivors choose to file a wrongful death lawsuit. In most instances, the person or persons filing the lawsuit are the parents, children, or spouse of the deceased. The survivors may also be referred to as distributees, next of kin, or heirs.personal injury - wrongful death lawyers

When accidental death may come calling it can be in many ways, usually as a result of an auto accident, motorcycle accident, truck crash, sustained brain injury, medical malpractice, or as the result of a defective/dangerous product. These areas are often referred to as personal injury law because the victim suffered harm to their “person.” This means that those who were negligent or blatantly reckless and caused harm, are the people named in the wrongful death lawsuit.

Depending on how the death happened, this may involve naming defendants that are employers, doctors, another driver, or a manufacturer. The key here is that the person(s) named by the wrongful death attorney is considered to be the responsible party or parties that caused the death.

These kinds of cases are not something that people can handle on their own. You need a competent and highly skilled wrongful death attorney who has extensive experience in this area of the law. It is vitally important to be able to recover wrongful death damages for pain and suffering, funeral costs, and the burial, medical expenses, and other costs associated with the death. In some wrongful death lawsuit settlements, the heirs or distributees are able to claim for a loss of an expected inheritance.

In some instances, a surviving spouse and children may have been solely relying on the deceased’s wages in order to live. The sudden death of the sole breadwinner in the family has the potential to leave them without enough money to live on. This means the wrongful death attorney would also make a claim for lost income.

There is another option that a wrongful death attorney may utilize, and that would be a survival action. This means surviving family members ask for additional wrongful death damages for the pain and suffering of the person who died. This is one method of helping to provide healing to a family grieving over the death of their loved one. It helps them feel that justice was done on behalf of their lost family member.

While this is not a common action, it has been done in the past. You need to speak to your wrongful death attorney about the viability of using such an option in your case. Generally speaking, survivors must be in financial dire straits due to the death of their family member in order to get a wrongful death lawsuit settlement.

Earlier in this article, we mentioned that many people thought that a wrongful death action was a criminal case. It is true that in some instances the person responsible for wrongful death may be prosecuted criminally. However, in a criminal case, the family is not entitled to compensation and this is why, in order to obtain wrongful death damages, they must file their action in civil court.

When a wrongful death attorney files a lawsuit, they generally begin by attempting to negotiate a settlement. If that doesn’t work, the case proceeds to trial. At trial, a judge or a judge and jury will have the final say about what kind of wrongful death damages the family will be awarded. How does the court decide that? Among other things, they determine how much the defendant is responsible for the death. While you might think this ought to be pretty clear, it often isn’t.

Some courts may feel a family is not entitled to a large wrongful death lawsuit settlement if the person at fault could not possibly have anticipated what happened to cause the death. In some cases, the deceased may have been negligent as well and contributed to the cause of the accident.

There are many other things that a court takes into consideration when trying to determine wrongful death damages, and this is something you really need to discuss with your attorney to understand what may happen in your case.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

Personal Injury Lawyers – Texas 18 Wheeler Accident Attorneys

Texas 18 Wheeler Accident Attorneys

If you or a family member have been seriously or have died as a result of an accident involving an 18 wheeler or other heavy truck, our firm, a top-rated Texas law firm, can help.

Accidents involving heavy trucks can and do cause catastrophic injuries both to the occupants of the truck, to those in other vehicles, and to pedestrians. Such injuries may include brain and head injuries, spinal cord injury, spinal vertebra injury, paralysis, including paraplegia and quadriplegia, other spinal injuries, burns or other burn-related injuries, or even death.
We represent persons severely injured and surviving family members of persons killed by the negligence of truck drivers, operators, owners, maintenance personnel and other persons or entities (other than the truck manufacturer) who are responsible for the truck.18 wheeler accident attorneys

Contact our experienced 18 wheeler truck accident injury lawyers today to discuss your matter. Our attorneys meet with potential clients free of charge and work on contingency. We do not charge any attorneys’ fees until a settlement is reached or a favorable trial verdict is won. More information here @ https://lawyers-pi.com

Whether you have been seriously injured or are a family member of the injured person, our legal team can help you cope with the ordeal by helping you to recover damages from the party responsible for the injuries. You or your family member may be able to recover monetary damages to compensate for all necessary medical care, past, and future, that is related to the injury. In addition, the injured person, and in some cases, the injured person’s family members, may be able to recover compensation for other losses resulting from the injuries, including damages for lost wages or other income, pain and suffering, mental anguish, disfigurement, and physical impairment. However, early and thorough case evaluation is very important to the development of your 18 wheeler truck accident case. So, please don’t hesitate. Contact us to discuss your matter as soon as possible.

Rest assured that, if you partner with our firm, you will have a highly skilled team of professionals on your side.
Our firm is recognized among the best law firms in the country in the U.S. News – Best Lawyers “Best Law Firms” rankings as a Tier 1 – Best Law Firm. The firm is also AV-rated by the esteemed Martindale-Hubbell® lawyer rating system, which represents the highest rating given in both legal ability and professional ethics. Our firm is led by three experienced trial lawyers, a senior partner who is a Texas Super Lawyer,* a partner who has been identified as one of Texas’ Preeminent Women Lawyers, and a partner who has been selected as a Texas Super Lawyer Rising Star.**

Our talented team of professionals provides injured persons and their families with the highest quality legal representation in high-stakes heavy truck accident cases. Our attorneys have handled cases involving every imaginable type of heavy truck accident, including those involving 18 wheelers (also known as big rigs, semi-trucks, tractor-trailers, truck tractors, tanker trucks, and heavy trucks). Our law firm also offers those injured in 18 wheeler accidents something that most other plaintiff’s firms cannot.truck accident attorneys
Our legal team’s unparalleled experience on the defense side of 18 wheeler accident cases. Our attorneys have successfully represented some of the country’s largest heavy truck manufacturers in product liability cases for many years. Our experience dates back to 1977. In representing 18 wheeler truck manufacturers for decades, our partners have investigated and developed the facts and technical issues in every imaginable type of 18 wheeler truck accident, involving every imaginable type of injury that can occur in such accidents. Our partners have proven experience in developing the evidence necessary to prevail in these cases, including having deposed and cross-examined 18 wheeler truck drivers and occupants, eye-witnesses, medical experts, police officers, and other 18 wheeler accident experts. We are able to quickly assemble a team of first-rate experts in the fields of medicine, accident reconstruction, biomechanics, vehicle use and maintenance, and operator compliance with federal regulations, and we use their experience combined with our own to develop successful strategies and evidence necessary to best present our client’s position at trial. Click on this link @ https://laredotruckaccidentlawyer.com

Fighting For Your Rights

Fighting For Your Rights

DUI laws in California and across the country are becoming stricter, with harsher penalties being imposed on those found guilty of driving under the influence. Drunk driving charges are extremely serious and should be addressed as soon as possible in order to protect your rights and your future.

At my office, clients are represented by me, attorney Michael Idiart. I have been providing criminal defense and DUI defense representation in Fresno for over 30 years. I strive to help my clients understand their rights after a DUI arrest. I examine all aspects of the situation, including the traffic stop, to ensure that proper police procedures were followed to the letter. If not, we may have grounds upon which to seek a dismissal of the DUI charges that are pending against you.

During my over 30 years as a lawyer, I have focused my practice on criminal law. My experience as both a prosecutor and defense attorney provides me with a unique understanding of the judicial process that I put to work for my clients. I have worked on over 100 jury trials and I bring my wealth of experience to each and every one of my clients.

DMV Hearings

One aspect of a DUI arrest that individuals may not initially realize is the fact that their driver’s license will be automatically suspended. You can fight this suspension though by requesting a hearing at the Department of Motor Vehicles (DMV). These DMV hearings are designed for you to explain your situation and have your driving privileges restored whenever possible. Some clients may have restricted privileges, such as driving only to work and/or school, while others may have all of their privileges reinstated. However, it is important to note that many drivers still receive a driver’s license suspension even after a DMV hearing. I am experienced at handling these hearings and will fight for your rights to the fullest extent possible.

Treatment and Rehabilitation

I am a strong proponent of a client getting help instead of getting punished. In some cases, it is possible for us to secure rehabilitation and treatment instead of jail time and fines.

Let me put my experience to work for you. If it is in your best interest, I will work with prosecutors to negotiate a plea agreement. Prosecutors can be convinced of the need for rehabilitation rather than mere punishment. If drugs are a factor in your alleged crime, they will want to see you undergo treatment and counseling. I have extensive experience advocating for rehabilitation instead of punishment for my clients.