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When car accidents occur, often there are no serious injuries. In some cases, however, the crash is much more serious and one or more people are injured. Statistics published by the Centers for Disease Control and Prevention (CDC) showed that car accident injuries sustained by occupants in motor vehicles were the fourth leading cause of non-fatal injuries nationwide. More about Car Accident Lawyer here
If you have questions regarding a car accident in which you or a loved one was injured, we can help. Call our office to schedule an appointment to discuss your case and find out what kinds of compensation may be available to you.
Accident injuries can be minor or life-threatening, depending on the severity of the crash. There are also specific types of injuries that occur during a car crash that can have long-reaching effects, such as those shown below:
Back injuries: Many types of back injuries such as herniated or ruptured disks, compression fractures, and spinal cord injuries can occur as a result of a car accident.
Brain injuries: These types of injuries may manifest over a period of time after the initial accident and can have serious consequences.
Head injuries: The direct result of outside force causing trauma or injury to the skull, these injuries can sometimes be very serious and may require long periods of recovery.
Neck injuries: One of the most prevalent is cervical acceleration-deceleration, commonly known as whiplash. Many people are unaware that they have this injury until hours or even days after the accident.
Fatal car accidents: Sometimes injuries received in a car accident are so severe they result in death. In other cases, the crash may exacerbate an existing condition and the victim is not able to recover.
There are other types of injuries that accident victims experience that is less serious but still requires medical attention and some period of time to recover before the victim’s life returns to normal. Very often, the victim will require the help of others throughout the process.
Every accident is different in both cause and seriousness of injury or damage. Most of the time, recovery is a process and not an event. Depending on the seriousness of the injuries, it may be days, weeks, or months until the victim can resume his or her normal life. Medical bills, lost wages, and other expenses that pile up while the person is recovering can make the process more difficult and can actually impede the process of getting well.
Often, if the accident involved another driver who was at fault, the insurance company will seek a fast settlement with the injured parties. This is generally not beneficial to the victim since there is often no way of knowing how long the recovery process will take. Many accident victims choose to seek legal advice before accepting any settlement agreement offered by an insurance company.
More Great Car Accident Law Blogs Here:
https://www.summersandwyatt.com/after-an-car-accident/
https://www.chicagopersonal-injurylawyer.info/texas-car-accident-lawyers/
https://www.denvercopersonalinjurylawyer.com/successful-accident-attorneys/
https://www.siringolaw.com/car-accidents-back-injuries/
https://www.griffithlaw.net/personal-injury-law-accident-attorneys/
https://www.connecticutinjuryclaimscenter.com/we-handle-accident-injury-cases/
https://www.bannerbrileywhite.com/car-accident-cases-winning-aint-easy/
https://www.irvingattorney.net/car-accident-filing-an-insurance-claim/
https://www.keithsaylorlaw.net/common-auto-accident-injuries/
https://www.durrettebradshaw.com/injured-in-a-car-accident-call-us/
https://www.bhsmck.com/defective-tire-accidents/
https://www.thaddavidson.com/rollover-vs-other-car-accidents/
https://www.njinjurycenter.com/defective-tire-accident/
https://www.glglaw.net/car-18-wheeler-accidents/
https://www.petergoldsteinlawfirm.com/car-accident-attorneys/
https://www.sambrandlaw.com/you-need-a-car-accident-lawyer-if-you-are-injured/
https://www.dclawpllc.com/car-accidents-are-very-common/
https://www.howardandnemoy.com/do-i-really-need-an-attorney/
This Blog was posted by Regan Zambri Long – Personal Injury Law Washington DC
To fight a wrongful death lawsuit, you need an understanding of legal strategies, procedural compliance, and effective defense methods.
This guide outlines actionable steps and insights to help defendants mount a strong case.
Jump right in:
Hire an experienced attorney specializing in wrongful death defense. Defending against a wrongful death lawsuit involves navigating complex legal frameworks and evidentiary standards. The attorney will:
Attorneys ensure compliance with legal deadlines. For example, in Washington, wrongful death actions must be commenced within three years of the death.
In civil cases, the plaintiff must prove liability by a “preponderance of the evidence,” a lower standard than in criminal cases. A skilled attorney can challenge evidence to undermine the plaintiff’s claims.
Review the claim to understand the specifics of the lawsuit and identify weaknesses in the plaintiff’s case. This includes:
Defendants can argue that the death was caused by factors outside their control. For instance, the plaintiff must establish a direct causal link between the alleged wrongful act and the death
Wrongful death lawsuits are filed by a trustee or a legally designated representative. Disputing the legal standing of the claimant can halt or delay the lawsuit.
In Minnesota, for example, a trustee must be appointed by the court to file the lawsuit on behalf of beneficiaries (Minnesota Statutes §573.02, Subd. 3).
If the claimant lacks proper legal standing, the lawsuit can be dismissed.
Gather and present solid evidence to counter the plaintiff’s claims. The plaintiff must prove that the defendant’s actions directly caused the death. Disputing causation or liability weakens the plaintiff’s case. Evidence can include:
Defense attorneys often use medical experts to dispute claims of negligence or causation.
Some states allow defendants to argue that the deceased’s own actions contributed to their death, which may reduce or eliminate liability.
Engaging in mediation or arbitration can resolve disputes without a prolonged trial. This approach may save time and legal costs while achieving a more favorable outcome.
According to the American Bar Association, many civil cases are resolved through mediation, reducing court congestion and litigation expenses.
In addition, ADR processes are private, protecting the defendant’s reputation from public scrutiny.
Settling the case can be a pragmatic choice, especially if the evidence against the defendant is strong. However, settlements should be approached carefully to minimize financial and reputational damage.
According to the U.S. Department of Justice, approximately 95% of civil cases are settled before trial.
Early settlement negotiations can prevent the plaintiff from pursuing punitive damages, often awarded at trial for gross negligence.
Failure to comply with procedural rules can result in penalties or case dismissal. Key procedural aspects include:
Defendants can file motions for dismissal or summary judgment if the plaintiff’s claims lack sufficient evidence.
Compliance during discovery is essential for obtaining evidence to build a strong defense.
Strategic use of motions can limit the lawsuit’s scope or result in dismissal.
Examples:
Procedural motions can reduce trial costs and expedite case resolution. Courts often dismiss cases that fail to meet procedural or evidentiary standards.
Plaintiffs often seek compensation for economic and non-economic losses. Challenging the validity and calculation of damages can limit financial exposure.
Strategies:
Courts assess damages based on pecuniary losses, such as lost wages, and emotional damages, such as loss of companionship.
A wrongful death lawsuit is a civil legal action filed by the surviving family members or representatives of a deceased individual against a person, business, or entity whose negligent, reckless, or intentional actions caused the individual’s death. These lawsuits aim to provide financial compensation for the losses the decedent’s family incurred and hold the responsible party accountable.
Legal Definition of Wrongful Death
Wrongful death is defined as a death caused by the wrongful act, neglect, or default of another party. It is governed by state statutes, which outline the conditions for filing such lawsuits, the damages that can be recovered, and who is eligible to file. The laws vary by state, but the general principle is to compensate family members for the financial and emotional impact of their loved one’s death.
Wrongful death lawsuits can arise from various circumstances, including but not limited to:
For a wrongful death lawsuit to be successful, the plaintiff must establish the following elements:
State laws determine who is eligible to file a wrongful death lawsuit. Generally, the following parties can bring a claim:
The damages awarded in a wrongful death lawsuit are intended to compensate survivors for their losses. These can be divided into economic and non-economic damages:
The chances of winning a wrongful death lawsuit depend on the strength of the evidence, legal representation, and circumstances of the case. Plaintiffs must prove negligence or intentional harm by a preponderance of the evidence, which is easier than the criminal burden of proof but still requires substantial supporting evidence.
The average wrongful death settlement in the US varies based on factors like the decedent’s earning potential, the severity of negligence, and the survivors’ financial needs.
Defenses to wrongful death actions include arguing lack of negligence, contributory negligence by the decedent, lack of causation between the act and the death, and expiration of the statute of limitations. Defendants may also challenge the plaintiff’s standing.
Approximately 5% to 10% of wrongful death cases go to trial, as most cases are resolved through settlements before reaching court.
Wrongful death cases are often won when the plaintiff presents clear evidence of negligence or intentional harm. However, success rates vary widely based on the case’s specifics and jurisdiction.
If you lose a wrongful death lawsuit, the plaintiff receives no damages, but you may still be responsible for your legal fees. In some cases, defendants may also need to cover court costs.
Crucial evidence in fighting a wrongful death lawsuit includes medical records, witness statements, expert testimony, accident reports, and any documentation that disputes negligence or causation.
Expert testimony significantly fights wrongful death lawsuits by providing professional opinions on medical, forensic, or technical matters. Experts can dispute claims of negligence or clarify causation issues.
Yes, emotional distress can be compensated in a wrongful death lawsuit. Family members may receive damages for loss of companionship, emotional pain, and mental anguish, depending on state laws.
Resolving a wrongful death lawsuit takes about a few months to several years, depending on the complexity of the case, the court’s schedule, and whether the case is settled or goes to trial.
The difference between wrongful death and survival action is that wrongful death focuses on compensating the family for their losses. In contrast, survival action seeks damages for the pain, suffering, and financial losses the deceased incurred before death.
Doctors can be liable for misdiagnosis in wrongful death lawsuits if the misdiagnosis directly caused the death. The plaintiff must prove that the doctor’s actions fell below the accepted standard of care and resulted in harm.
Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
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