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Wrongful Death Is The Ultimate Personal Injury



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By : Nick Messe    99 or more times read
Submitted 0000-00-00 00:00:00
Sometimes it seems that modern life is not based on the golden rule which states "do unto others as you would have them do unto you". This time honored premise seems now to exist in a slightly altered version which might read "when you feel that others have done unto you, seek compensation".

We have rules and laws for every conceivable circumstance making it possible for the average person to obtain huge monetary compensation for personal injuries of all types. The endless list includes such things as medical malpractice, auto, truck and motorcycle accidents, product liability, work injury, construction accidents and birth injuries.

Many professions are obligated to carry liability insurance for just the eventuality that a client will sue and seek compensation for an injury. No matter what sort of injury a person has suffered there are lawyers who know the law and the insurance industry inside out. They can access the huge pot of gold that is waiting for those who wish to play the blame game.

Of course, the ultimate personal injury is death itself. It used to be that if a person's death was precipitated by the actions or negligence of another person, any damage claims would also die. It was literally possible to get away with murder. The guilty party would suffer punishment only if a victim lived, but if they died nothing would come of the situation. The system was seen to be encouraging death and something had to be done.

The twentieth century saw a complete change to this law when it became possible for the victim's family or the estate to bring action against the person or persons that caused the death. Lawsuits can be tried in a criminal court for punitive damages, or civil court for compensation. No one disputes that punishment or money can replace a spouse, a parent, or a child, but money can help a family recover from the emotional and monetary loss they have suffered.

As in other personal injury cases, wrongful death means that someone has died due to the negligence, misconduct, or intentional actions of another person. Any number of instances can give rise to the death including construction accidents, defective products, automobile accidents, industrial mishaps, medical mistakes, and environmental causes.

In each case, a valuable human being has been taken away from their family and the repercussions of that loss can affect, not only the husband, wife or children, but the extended group as well. A terrible void has been created that compromises the mental health and the financial well being of everyone involved. It is then that a family member will seek the services of a personal injury lawyer to begin a wrongful death claim, either on behalf of the family or the estate of the deceased person.

The personal injury attorney has the skill to ascertain and establish that negligence exists and that the case can move forward. These are the questions that must be asked. Did the defendant have a duty to the deceased person? Did the defendant fail to perform that duty? Was the death caused by the defendant's breach of duty? Have the survivors suffered damages as a result of the death of their family member?

If you have suffered the loss of a close family member and believe that the death was as a result of another person's negligence, be sure to consult a personal injury lawyer as soon as possible. A skilled professional will take certain things into consideration, such as the age of the person and estimate how much future earnings have been lost. The will also determine the emotional impact that this death has dealt the family in order to help you win a fair damage award.
Author Resource:- For a free evaluation of your case and to find an experienced personal injury lawyer visit InjuryExperts.com - You will be contacted quickly by phone to schedule your free, confidential case review. Article source - Info Articles.
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