Tips to Win a Wrongful Death ClaimTips to Win a Wrongful Death Claim


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Tips to Win a Wrongful Death Claim

After the loss of a loved one, our family had to take action quickly to protect our rights to sue for wrongful death. We tried to handle it alone, but we soon found ourselves looking for professional legal help. There were many twists and turns in the legal process that we had not expected. Even though the company was in the wrong, it was not until we got help that we were able to win. I started this blog to help other families who are going through similar situations. With this guide, hopefully no one else has to go through the experience our family suffered.

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Classifying Personal Injury Cases: Why Physical Injuries Are Not Exclusive To This Law Branch

Personal injury is generally thought of as a physical injury to one's person. However, a personal injury in legal terms is anything that causes another harm, not just the physical kind of hurt. More often than not, a personal injury lawyer will assist people with physical injury cases, but you can attempt to claim compensation for other types of personal harm. Here are some classifying features of other kinds of personal injury suits. 

Abuse and Neglect

Someone who takes care of others is obligated to not harm those in his/her care. It does not matter what the relationship is between caregiver and care recipient. No harm should come to anyone who needs to be looked after and not harmed. Abuse can include many things, but you have to have solid proof that someone was being abused financially, emotionally, psychologically, etc., or the case may not even reach the judge's bench. As for neglect, neglect is easy enough to prove with photos and lots of documentation.

Negligence

Negligence is the willful harm of others by ignoring others or by intentionally not doing something that makes the situation of others better. Usually, negligence applies to doctors and nurses, but it can also apply to employers who willfully withhold paychecks, or who willfully force someone to operate machinery that the employer knows is broken and/or defective. Negligence cases in terms of personal injury crisscross into other legal areas. 

Slander and Libel

Slander is the spoken form of negative commentary against a person, while libel is the printed form. Both fall under the "defamation of character" and under personal injury when the things said against you are untrue, and/or cost you your livelihood. If you can prove that the things said or written have caused you harm and that they are not true, you can receive compensation commensurate with your personal financial losses and pain and suffering. 

Psychological Trauma

Rape victims have psychological trauma. People held in places against their will have psychological trauma. Any incident that results in severe PTSD and a lifelong disabling condition is a psychological trauma.

With the exception of military service, anyone who has suffered such a trauma may attempt to sue their captor, rapist, etc., although it may be more effective to go after people who were present when these things were happening to you and those bystanders did nothing to stop it.  An example would be a wife of a man that kidnaps you, keeps you locked up for years, and repeatedly beats and rapes you while the wife stands by. You may not be able to go after your captor/assailant if he is able to convince a court he is mentally unwell, but you can go after the wife. She would be considered an accomplice for doing nothing to help you.  

For more information, contact a lawyer like Jack W Hanemann, P.S.