In Alabama, wrongful death cases are filed after an accident or crime occurs. According to Alabama state laws, family members have the right to file a claim after losing a spouse, parent, or individual who provides them with financial support. However, before these family members have this option, they must determine what constitutes wrongful death in Bessemer, AL.
What Is Wrongful Death?
Wrongful death is identified by an avoidable fatality, which implies that the actions that led to the death of the victim could have been prevented based on choice. This could include occurrences that range from auto accidents to accidental shootings. The attorney must review the circumstances of the case to determine if a wrongful death claim is presented.
What Circumstances Could Lead to a Wrongful Death Claim?
While accidental fatalities make up an equal portion of these cases, criminal offenses could also create the opportunity for a wrongful death claim. The objective of these cases would be to prove that the perpetrator could have chosen a different course of action and that that alternative choice could have prevented the fatality. If the criminal proceedings lead to a conviction, the victim’s family could use this ruling to reduce the time needed to conduct the lawsuit.
What Type of Testimony Is Needed in These Cases?
In wrongful death cases, a doctor or forensic scientist conducts tests to determine if the actions of the defendant produced the injuries that caused the fatality. After they conduct these tests, they are required to present their findings in court. Their testimony could determine the course of the lawsuit. If they conclude that the injuries are conducive to these actions, they could prove the victim’s case. However, in addition to medical testimony, the attorney needs witnesses that saw the fatality, if possible.
In Alabama, wrongful death relates to a fatality that was avoidable. The actions that led to the death of the victim could equate to an accident or a criminal infraction. Each of these types of proceedings requires an attorney to help navigate through the red tape. Families who are representing the victim who needs to file a claim for wrongful death in Bessemer, AL should visit Forstmancutchen.com for additional information.
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