Personal Injury Law

Wrongful Death

By Ryan Bradley, Esq.

A wrongful death case is one that deals with a death that resulted from the negligence of another person or, in some cases, a company or larger group. The unexpected death of a loved one brings a profound sadness, but along with the emotional distress comes more practical issues such as financial hardship. Not only do medical and funeral expenses need to be paid, but the lost wages can leave a family in fiscal insecurity that could take years to stabilize.

Many times, the surviving members of the family or a representative can file suit on behalf of the deceased. The success rate of these cases is actually fairly low. Despite the image of the multi-million dollar personal injury lawsuit that is often portrayed in movies and news media, most damage awards fall well short of a million dollars. Because of these facts, it is important that you seek an experienced personal injury attorney to assist you with your case because your family?s future could literally depend on it.

In order for a wrongful death suit to be successful, the plaintiff must prove that the defendant had a duty that was breached, and that this breach caused the death. This can happen in a fatal car crash, a medical malpractice case, premises liability, product liability, airplane crashes or any other situation where somebody?s recklessness caused the death of someone else.

The standards that apply to determining whether a duty was breached differ from situation to situation. Medical professionals are held to high standards when diagnosing and treating their patients while the average person on the street only has to be responsible for a reasonable amount of care for another person. A driver operating his personal family car is not held to the same standards as a commercial shipping truck driver who operates a tractor trailer for a living. In fact, for businesses that are involved in shipping or public transportation, there is a special category called ?common carriers.?

Even when you have classified a driver as a common carrier, things are not cut-and-dry. The drivers have different levels of expected care for their own passengers as they do toward other drivers on the road.

All these exceptions and complications further illustrate the need for competent and skilled personal injury lawyers on your case. Do your research and contact a lawyer for a free consultation. Most attorneys will sit down and talk to you for free with no obligation to hire. This first hand experience is the best way to judge whether you want to hire an attorney.

Full post as published by Missouri Accident Lawyer Blog on September 15, 2009 (boomark / email).