Wrongful Death Attorney and Case Categories

A wrongful death attorney is someone who fights for a family member's right to compensation following a loved one's death by negligence or malicious intent. While criminal charges may accompany such a case, they are not necessarily related. Furthermore, an individual or company can be found Not Guilty in a criminal courtroom and still be held liable in civil court. The burden of proof in a civil court is only 51% or, as stated in legal terms, a "preponderance of the evidence" points to the negligence or malicious intent of the individual or company. This differs from a criminal court's "beyond a reasonable doubt" burden. Here are some of the case categories a lawyer in this field may work within.

Medical

A wrongful death attorney with any degree of experience will almost certainly have worked at least one medical error case in their lifetime. This case arises when a doctor, nurse, or medical professional of any kind can be shown to have been negligent while caring for a patient, leading to the patient's death. Most commonly, this turns out to mean a doctor prescribed the wrong medication or failed to make a diagnosis that would have likely saved the patient's life. For good reason, doctors are well protected under the law. However, negligence is negligence and a patient has the right to expect competency.

Auto

Some personal injury lawyers make entire careers out of pursuing automotive negligence cases. Because high speed crashes often result in fatalities, a wrongful death attorney may be required. Car accidents can be tricky, complicated concepts to explore under the best circumstances. Defining negligence isn't as simple as determining if someone was drinking or under the influence of drugs. There are a number of things that can go into determining both fault and financial liability.

The Job

The family of a worker killed on the job may be forced to contact a wrongful death attorney if they feel the company was responsible for their loved one's demise. This is often a situation where the company failed to implement the proper safety precautions or put the individual in a situation where unreasonable risk was incurred. These can be challenging cases, especially in situations where a worker is engaged in a profession which carries inherent risks, such as a police officer. Still, a good lawyer will determine if the risks which led to the worker's death were beyond the law or beyond the scope of negligence.