The death of a loved one or a friend is a traumatic and heartbreaking time for anybody, let alone those who are faced with a wrongful death case. For those who are facing that situation, finding a skilled wrongful death attorney is key in identifying if your case is one that can be taken to court. There are a lot of factors that go into what qualifies a case in the eyes of a wrongful death attorney, but Tolbert Beadle’s wrongful death attorney wants to take a look at a few of those factors and whether or not your case is one you can bring to court.
What is Wrongful Death?
In short, wrongful death is when “a person is killed because of the wrongful conduct of a person or persons.” These cases are governed by statutes and they vary from state to state, but generally, they tell us who can claim wrongful death and to what extent. Originally, these statutes were for widows and orphans exclusively, but have evolved into the wrongful deaths of all cases that qualify for heirs and other beneficiaries.
How Do I Know My Family Qualifies?
Again, it’s important to understand that each state’s statutes vary, so for a better understanding of your family’s eligibility, you will need to know how your state handles these cases. However, nearly all of these statutes provide for surviving spouses, children, and next of kin.
There are even some states that allow a spouse who was separated from the deceased at the time of death to take action.
The most common wrongful death cases are families, i.e., children suing for deceased parents, parents suing for deceased children and spouses suing for deceased spouses. It is important to note that suing through a wrongful death attorney is not a criminal charge in and of itself and depending on the situation, a wrongful death attorney may need to be brought in alongside a criminal case.
The biggest difference between a criminal charge and a wrongful death suit is that it is a civil action. Meaning, that even if a defendant is cleared by a court, he/she may still be found liable in a civil lawsuit. That also makes the qualifiers for a wrongful death attorney broader than that of criminal charges because it also includes unintentional actions, such as a car accident, a fight, or as disconnected as a person failing to fence off their personal pool.
Let Tolbert Beadle, LLC Provide Your Wrongful Death Attorney Needs
Wrongful death cases are complicated and therefore require a wrongful death attorney. Tolbert Beadle, LLC wants to help you through the process. Contact us toll-free today at 1 (800) 887-4030 or visit our website for more information.
