WHAT TO DO FIRST IF YOU FEEL YOU HAVE A WRONGFUL DEATH CASE An unexpected death can send shockwaves through a family and community. The grief is overwhelming, causing those left behind to walk through a haze and only start to feel like life is returning to a semblance of normal months after the fact. During this time it can be difficult to even think about what led to the death. However if there was any chance of a wrongful death than timing is of the essence to file a suit. Watson Spence Attorney is here to help with the details on what to do first if you feel you have a wrongful death case. Identify Who Can Act Before you take any actions towards acting on behalf of the deceased you must figure out who can actually act on behalf of the …show more content…
There’s been a line of thinking for years that you should file a petition before finding a lawyer. However you might not have enough to really warrant a case; an attorney can help you determine this. If you are not named in the will a lawyer can also assist filing to represent the estate in court. Essentially all of the steps needed to pursue a wrongful death case are easier with assistance of a lawyer. Make sure to fine one who specializes in these types of suits and one that will only collect a fee when a case is won. You should never have to pay an experienced attorney at the …show more content…
Your lawyer will begin be asking for a settlement. This is the path most wrongful death cases follow since it’s simpler and less damaging to the reputation for large companies to just settle out of court. If no settlement is reached however you must begin the process of going to trial. As stressful as a death to a loved one can be, it may seem pointless to chase a lawsuit. However if you feel compensation and accountability is required, pursue the correct course of action. Now that you know what to do first if you feel you have a wrongful death case, let Watson Spence Attorney be there to help make the difficult time just a little bit simpler. Watson Spence Attorney is committed to providing the best legal service in Southwest Georgia in a variety of legal areas. Let us be there for your in every step of life. Find us at 320 Residence Avenue; Albany, Georgia, online at watsonspence.com or give us a call at 229-436-1545. © Southern View Media 2017: Reproduction without explicit permission is prohibited. All Rights Reserved. “Get Online or Get Left
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A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
In the pleadings, a complaint needs to be filed by the plaintiff with the court and the defendants. In this case, the complaint was filed for wrongful death and injunctions. The complaint was given to both companies on May 14, 1982. Then, the defendants must answer within twenty-four hours of receiving the complaint to the summon or risk losing the case by default of the court. W.R. Grace denied the allegations against them. Also, their other defenses was that the complaint didn’t state any cause of action, in the complaint the company named was misnamed, the company followed the due of care at all times and acted in “good faith,” and the claims against them are barred. The next step is the methods of discovery.
Death is an elementary word harboring many meanings. It is the feeling of being caught in the grip of inevitably. It is a personal realization that you too are mortal. It is the recognition that one's life is changed forever. The shiny image of a once bright world full of promise dulls. Unfortunately, every individual will experience the death of a loved one at least once in their life. No words can soothe the agony of losing a loved one. State legislatures are familiar with this grief and have created either a coroner system or a medical examiner system. A coroner system consists of a coroner whose responsible for identifying the decreased body, alerting the family members or anyone of close relation, signing the death certificate and most importantly determining the cause of death. The tasks seem simple; however, in practicality the tasks are demanding and impossible to fulfill with the coroner system. Due to the absence of scientific knowledge, elective nature and lack of modern resources, the coroner system is exceeding inefficient and should be replaced with the medical examine...
A wrongful death suit can be raised by a wide range of sources when a fatality has occurred such as a car or truck accident, motorcycle or biking accident, nursing care or medical malpractice, and defective or dangerous products. These cases are often very technical and require the stewardship of a qualified attorney and this subject area is one where we are experts with South Carolina Law.
In all cases in which the cause of death cannot be determined, a medico-legal autopsy is done. In a nutshell, a medico-legal autopsy serves to help explain a legal question surrounding the death in question e.g. is the manner of death natural, unnatural or undetermined? Was someone else involved? What were the circumstances leading to death? Therefore, in addition to the results and findings of the autopsy, other findings such as those from the crime scene also play big role in helping to determine what really happened.
In the case of Michael Jackson’s death multiple wrongful death suites were filed. His personal physician Conrad Murray was on trial for involuntary manslaughter. November, 7, 2011 he was charged with being guilty. He received four years in prison. The Jackson family also sued AEG Live, the concert promotor for the This Is It Tour. The company hired Murray to be his personal physician. The jury found that AEG was not responsible for Jackson’s death. AEG did not have to compensate Katherine Jackson with the millions of dollars she asked for. This trial and Michael Jackson’s death had the in...
A wrongful death lawsuit is not a criminal case; it is a civil case. It is a way for the family of someone whose death was the result the wrongful actions of individual to get financial compensation for
In October of 2001, a friend's sister started getting very sick. She had stomach spasms and she was having a hard time getting around. Walking was a major chore. It took everything she had just to get out of bed she was in so much pain. By March 2002, she had undergone several tissue and muscle biopsies and was on 24 various prescription medications. The doctors could not determine what was wrong with her. Because of her pain and sickness, she was sure she was dying. She put her house, bank accounts, life insurance, etc., in her oldest daughter's name, and made sure that her younger children were to be taken care of. She also wanted a last hoorah, so she planned a trip to FL (basically in a wheelchair) for March 22nd. On March 19th her brother called to ask how her most recent tests went, and she said they didn't find anything on the test, but they
The case had to do with Mr. Jacob Wood. He died in his early fifties from lung cancer. The plaintiff was trying to prove that the lung cancer was directly caused f...
Each state has their own laws regarding when the statute of limitations ends regarding a wrongful death case. Making the mistake of filing a claim after the window has expired will cause your case to be denied. Even though starting the legal process can be difficult when it involves the death of a loved on, doing it in a timely fashion is crucial for your claim to be successful.
I don’t think it is right to seek assistance in dying. I think getting assistance to die is stroking a massive burden on the shoulders of the person assisting. Hence, it is not right to seek assistance as the person who assists to die the other one will end up in prison with a murder charges.
Always remember that the Death With Dignity Act is a choice to end suffer, never a forced death, and as Thomas Jefferson once said- Everyone has “certain unalienable rights, and among these are life, liberty, and the pursuit of happiness.”
Another person, on behalf of the deceased’s estate and surviving family, must file the claim. This person might also have the option to file certain civil claims that were open to the deceased person during his or her lifetime, provided that the statute of limitations has not expired.
In all cases in which the cause of death cannot be determined, a medico-legal autopsy is done. In a nutshell, a medico-legal autopsy serves to help explain a legal question surrounding the death in question e.g. is the manner of death natural, unnatural or undetermined? Was someone else involved? What were the circumstances leading to death? Therefore, in addition to the results and findings of the autopsy, other findings such as those from the crime scene also play big role in helping to determine what really happened.