Wrongful Death Attorney

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A wrongful death claim is usually brought by a family who lost their loved one due to the negligent (or intentional) acts of another person or group of people.

These accidents are always a tragedy — especially when they could have so easily been avoided if the proper precautions had been taken.

Carol Powell Lexing has 29 years of experience helping victims in these types of cases, working tirelessly to act as a voice for the voiceless.

Causes of Wrongful Death

Many cases of wrongful death appear in the workplace environment, although not all of them do.

An example of a wrongful act that could lead to death may be the carelessness of a driver or failure to provide precautionary measures. Some of the main causes of wrongful death include:

1

Medical Accidents

When health workers lack the skill and expertise to carry out their duties properly, this can lead to the death of patients.
2

Negligence in the aviation industry

Many plane crashes are caused by mechanical faults on the part of the airline, or negligence by the pilots -- either of which lead to the loss of innocent lives.
3

Poisonous products/perishables

There have been an unfortunate number of instances of deaths resulting from contaminated foods and drinks. In such cases, the manufacturers are held liable and would pay for damages.
4

Pedestrian accidents

Some negligent drivers swerve out of their lanes and move into the lanes where pedestrians walk. Others drive above the speed limit, while distracted, or while under the influence, running people over and never stopping to assist them.
5

Truck accidents

Trucks are known for their size and used for conveying large quantities of goods. Truck accidents are usually caused by reckless driving, excess load, and drunkenness.
However, wrongful deaths do not only emanate from the negligence of other people.

In some instances, there could be an intentional act to cause injury/death. In these cases, a person bringing such a claim must show the following;

  • That the defendant intended to cause harm to the plaintiff
  • That the plaintiff did not consent to any contact that led to his/her death
  • That the contact caused excessive injury/death on the plaintiff
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Four Things You Must Prove In A Claim For Wrongful Death

You should seek a wrongful death claim if you believe that the cause of death of your loved one was due to the wrongful or negligent act of a person or the company where they worked.
To present a claim for damages based on wrongful death, you must prove that:
  • The person or organization whose action was negligent owed a duty of care to the deceased. This could be anything from a duty to drive carefully to a duty to provide safety kits.
  • The same person/company breached such a duty of care. The breach here may be reckless driving or failure to provide the safety measures.
  • The breach specifically caused the death. So you must prove that the injuries leading to the death of that relative emanated from the negligent acts of the driver/company
  • You and the other claimants suffered damages resulting from the death of the person.

If you and your wrongful death attorney can prove the above, you have a good chance of being successful in your claims and receiving the compensation due to you.

Defenses In A Wrongful Death Claim

In some cases, a defendant may bring up certain defenses to exonerate himself/herself from liability. Such defenses may include:
Self-defense

Comparative fault is raised when the death was caused while the defendant was trying to save or defend himself/herself.

Contributory negligence

If the actions of the plaintiff contributed to his/her death, the defendant could raise a defense.

Illegality

If the plaintiff was involved in an unlawful act at the time of death, the beneficiaries might not be able to claim damages.

For this reason, it’s important you and your attorney make sure to provide strong evidence to your claims.

Call 318-324-0700 to schedule an initial consultation

Contact Carol Powell Lexing Today

Proving a wrongful death is not always easy, and you’ll need the assistance of a dedicated attorney both in preparing the legal process and making sure you get the compensation you deserve. At Carol Powell Lexing & Associates, we either settle on our client’s terms or prosecute to verdict. Contact The Law Office of Carol D. Powell Lexing & Associates today.

Call 318-324-0700 to schedule an initial consultation

Contact Carol Powell Lexing Today

Proving a wrongful death is not always easy, and you’ll need the assistance of a dedicated attorney both in preparing the legal process and making sure you get the compensation you deserve. Carol Powell Lexing is an experienced civil rights lawyer who will work to ensure to get justice for any wrongful death issue. Contact The Law Office of Carol D. Powell Lexing & Associates today.

Call 318-324-0700 to schedule an initial consultation