With over 1,000+ cases successfully resolved, Rico Tessandore is the Coupeville wrongful death attorney for you.
No one should ever go through the pain of losing a loved one. Although we may not be able to bring your loved one back, we can help you get the settlement you deserve
Wrongful death occurs whenever the negligence or misconduct of a person or entity leads to a fatality. Wrongful death cases constitute a civil action, meaning they need not necessarily involve criminality. For this reason, the standard of proof may be lower.
But that does not take away from the importance of quality legal representation in a wrongful death case.
Typically, a family member or dependent will need to bring a wrongful death case. A Coupeville wrongful death attorney can help determine which party would have the best standing to bring the case. They can help with the paperwork necessary to establish the appropriate representation, even when the deceased left no will.
A wrongful death attorney can also help to understand the damages available, and which should be pursued on a case-by-case basis. They will also help figure out the proper division of settlements or judgment to ensure that all the affected parties get their due.
The most significant burden for a wrongful death case involves proving negligence on the part of the defendant. Acquiring damages in the case of wrongful death will require proof on a few different fronts.
A successful case will require teasing out the fatality’s details to determine what went wrong and what fallout became of circumstances afterward.
Other calculations do not come easily. Putting a dollar figure on a personal relationship presents real challenges, but a skilled attorney can help determine the appropriate compensation. During a traumatic period in one’s life, having a professional deal with the more challenging legal elements makes the process much more manageable.
Waivers and Assumption of Risk
In some cases, the affected party may have knowingly assumed some risk in undertaking the activity that led to their fatality. The party may have signed a document stating their understanding that a given activity had a chance of injury or death.
A waiver does not automatically free the defendant from responsibility. Knowingly ignoring a safety hazard or intentionally increasing the risk still carries exposure in the case of wrongful death.
The law required the defendant to be reasonably careful.
Drivers, by law, must always be mindful of their vehicle, passengers, and surroundings. So, in auto accident cases, this is a given. All drivers have to act in a reasonable and careful manner; that’s the law.
The defendant wasn’t careful.
The plaintiff must show that the defendant breached, or violated, their duty of care. The law asks, “What would a reasonable and prudent person do in the given situation?” If the defendant failed to act the way a reasonable person would, they’ve violated their duty of care.
The defendant’s conduct was the reason behind the plaintiff’s injuries.
If you’re the plaintiff, you have to show the injuries you received were from the defendant’s lack of reasonable care and not some other circumstance.
The plaintiff suffered losses, was injured, or both.
If there aren’t any injuries or financial losses, there’s nothing for the plaintiff to recover from the defendant. That’s why plaintiffs must keep a detailed record of their injuries, expenses, and any property damage.
In the past, the law has shown “reasonable care” to mean the following. If a driver fails to meet these requirements, he or she may have violated the “reasonable care” standard.
