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Wrongful Death Cases

Written by Kathleen Gagne
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Wrongful death cases are brought by those persons surviving a loved one who died due to negligence, accident, or criminal activity. These cases can often take years to settle and usually require a preponderance of expert testimony to prove. In many cases the settlements are in the millions of dollars.

Wrongful Death Cases Defendants

In many cases, wrongful death claims are made against medical personnel, such as a single physician or an entire emergency room staff. They may be brought against a manufacturer of a defective product such as an automobile or a mechanical or electrical device, and, in these cases, may include manufacturers of parts of the product, wholesalers, or even designers. Wrongful death cases may be job related in instances where required safety procedures were not followed.

It is the responsibility of the plaintiff's attorneys to present a solid body of evidence and expert testimony that will prove the claim of negligence or criminal action. Some defendants, especially larger corporations, may offer a substantial settlement to the plaintiffs in order to avoid the publicity associated with a jury trial and to have some minimal control over the amount of the settlement. Defendants who choose to go through to a trial will also present their evidence and expert testimony.

Negotiated Settlements

If a defendant avoids a trial, there is potentially less of a chance that a guilty verdict in the civil case will result in criminal charges being brought against the defendant. That is not always the case, however, because the facts of the case will become public record. Survivors who are considering wrongful death cases should search, either locally or online, for expert attorneys or firms that have extensive experience in their type of case.


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