Learning How To Recover

Learning How To Recover

Tips For Defending Yourself Against A Wrongful Death Claim

by Susie Torres

If you've been served with a notice of a wrongful death lawsuit, you may be worried about the outcome. In order to build a solid and reasonable defense in a case like this, you'll need to talk with a wrongful death lawyer about the situation. By working with an attorney, you'll be able to explore all of the potential defenses based on the specific details of your case. Here are a few of the options that your attorney might explore.

It Wasn't Necessarily Your Fault

In order for you to be held liable for the person's death, there must be a clear connection between your actions and the death. The cause of death doesn't necessarily have to be a direct result of your actions, but there should be a clear relationship between the two. If your attorney can cast any doubt on your actions being related to the death, that may be a reasonable defense.

The Deceased Knew The Risk

If the incident in question was risky, the victim's family may try to claim that you put him or her at risk. Sometimes, being able to show that the other party was clearly aware of the risks and willingly participated is enough to protect yourself from liability. You might be able to claim that the assumption of risk was on the victim, so it wasn't your fault. One of the best ways to document this is with a signed liability waiver. If the other party signed a waiver before participating in whatever event, function or action that led to their death, that waiver may protect you from the lawsuit.

You Were Only Protecting Yourself

In most cases, self-defense is a reasonable defense against a wrongful death suit. Your attorney may opt for this method of defense if you were defending yourself against an immediate threat of harm. You'll have to be able to prove that you had reason to be afraid for your well-being and life.

The Victim Was Breaking The Law

When the individual dies in the commission of a crime, you may not be held liable for the incident. In fact, if you can prove that the deceased was trespassing or otherwise violating the law at the time of the death, that may absolve you of liability.

These are a few of the common defense options for a wrongful death suit. If you believe that you might have a defense, talk with a wrongful death attorney right away. He or she can see how your situation relates to the state's laws and help you build your case. Click here for more info about defending yourself against a wrongful death lawsuit.


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Learning How To Recover

After you are involved in a serious car accident, you might feel confused about what to do next. In order to feel like yourself again, you might be tempted to try to go about your daily activities, only to come across loads of challenges. In addition to focusing on your own recovery, you might also be left wondering what to do about medical bills, pushy insurance adjusters, and annoying family members. However, the right lawyer can help you to find your way. My name is Dan, and I know firsthand how difficult it can be to recover from a bad injury. Read my website to learn how proper legal representation can simplify your journey.