The Importance Of Wrongful Death Suits

The Importance Of Wrongful Death SuitsNobody wants to see a loved one die. Nobody wants to be classified as a “nearest living relative” or as a “survivor.” Death may be a fact of life, but it’s not something that most people would invite upon themselves or those close to them.

Unfortunately, while we’d all love to live a long, full life, it’s not something that everyone gets to enjoy. Sometimes a life is cut short by an untreatable disease and sometimes by an unavoidable accident, but sometimes the cause is entirely avoidable, an act of malice or of negligence which is directly responsible for your loved one’s untimely end.

The purpose of a wrongful death suit is to address these situations and to provide some closure to the relatives and the estate of the one who passed away. There are numerous reasons to file a wrongful death suit:

To Assign Liability

Civil suits don’t determine guilt or innocence, and proving criminal negligence is quite obviously a matter for a criminal court. However, they can determine who may have been negligent in maintaining reasonable care to ensure the safety of others.

For instance, if a bus driver has too many drinks while on duty and crashes his or her bus, resulting in someone’s death, then the bus driver is obviously at fault. However, if the driver already had a DUI conviction in the past and the bus company could have found this out by running a background check, then the company may also be liable for allowing such a person to drive a bus.

To See Justice Done

Wrongful death and personal injury cases are often tied to criminal cases, and if the criminal court finds the defendant guilty, it’s very likely that the civil case will follow suit. However, sometimes a criminal case will get thrown out based on improper procedure or some other technicality, and because the US Constitution prohibits double jeopardy the same case can’t be tried twice except under very special circumstances.

However, civil and criminal cases are entirely separate even when they’re about the same events. More than once, a defendant who avoided a guilty sentence has been found liable for a wrongful death, and while a civil court can’t assign prison time it can at least force the responsible party to pay for what happened.

To Help The Survivors

Death can be an expensive prospect. There’s the casket and the graveyard plot to pay for, or else the cremation and the urn. Then there’s the funeral, the procession, the lawyers to help with the will and the estate, and most likely a hospital bill on top of everything else.

These costs can factor into the value of a wrongful death suit, along with lost wages of the deceased, emotional pain and suffering, and other considerations. A bankruptcy is the last thing anyone wants to follow a death in the family, and if that death is someone’s fault then it’s only just that he, she, or they pay for the funeral.

At , Goldman, Babboni, and Walsh, we understand that pursuing a wrongful death case is not easy, and we will do whatever we can to make the process as painless as possible. If your loved one passed away in southwest Florida or in the rest of the state, contact us today for a free consultation.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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