Posts made in October, 2016

The Common Causes of Wrongful Death Cases

Posted by on Oct 20, 2016 in Wrongful Death | 0 comments

Without a doubt, losing a loved one is among the most difficult experiences any person could go through. The pain of going through a loved one’s death can only be magnified for wrongful death cases. Families that lose their loved ones in accidents caused by another person’s negligent actions go through an arduous grieving process. Knowing that a loved one’s death could have been prevented can make closure feel like an elusive and foreign concept—something that couldn’t possibly happen in the near future.

Thankfully, the law provides families in these situations several options to pursue. Among these options include filing a personal injury lawsuit against the negligent parties involved in the wrongful death case. Wrongful death lawsuits can be made against any party or individual whose negligent behavior caused the fatal accident to occur. According to Tuscon personal injury lawyers at Russo, Russo, and Slania, the most common causes of wrongful death include car and truck accidents, motorcycle accidents, premises and product liability, medical malpractice, and nursing home negligence. Wrongful death can also occur due to workplace accidents caused by harsh operational conditions and the lack of proper safety protocols.

When filing a personal injury lawsuit involving wrongful death cases, the law is clear on how long legal action can be pursued and who the suit will benefit once it is resolved. Wrongful death claims can only be made by those referred to as the “real parties in interest.” While the definition of the term might differ slightly from state to state, it generally refers to the immediate family of the victim. This includes the victim’s financial dependents, spouse or life partner, and, in some cases, the parents. For the parties in interest, the law provides a timeline which determines how long a lawsuit can be pursued. This is called the statute of limitations, and wrongful death lawsuits should be filed within this limited window of opportunity.

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