What exactly is a wrongful death lawsuit? Brad Pistotnik knows all about wrongful death and there are a few ways to explain it to you. During a wrongful death lawsuit, it must first be proven that the accused party had a responsibility toward the deceased individual. Next, there needs to be proof that the responsible party neglected that duty of responsibility. Lastly, there has to be proof that harm was done because of this neglect of responsibility.
In order to explain wrongful death let’s use a car accident case as an example. We will call the neglectful individual David.
David gets off work one day and he is angry at his boss. Maybe David isn’t able to handle his job or doesn’t get along with people that he works with and that leads to his daily stress. On this particular day because he is more angry than usual for David he gets into his car and peels out of the parking lot at a high rate of speed. As he is simmering about the work days events, David continues driving his muscle car at a high speed. Because he is angry when he is coming upon a red light, he doesn’t even slow down. He blows straight through the stop light. David crashes right into the driver’s side of your loved one’s car. The injuries that result from that car wreck cause death. This is a very tragic situation. A phone call or perhaps a visit is made and the family has been forever changed. The person David hit may be in high school or may have young children and a wife at home. The person David hit could be your child or your mother. It is unexpected and David’s actions have caused a wrongful death.
There are some other types of possibilities that could come into play. Maybe David went out drinking before this unfortunate incident. It is possibly he sat in his car to smoke some marijuana thinking it would calm him down. These actions can contribute to the wrongful death lawsuit. It is very important that your attorney is experienced in handling cases where the driver might have been acting recklessly. David may have a history of harming other people when he is angry. David may have a record of abusing drugs. David may have prior arrests. David may have some psychological issues that he has not addressed or denies.
Your attorney will argue in court that:
- David had a duty to drive in a manner that keeps himself and others safe no matter what he is going through that day at work.
- By exceeding the posted speed limit and running the red light, David failed to live up to his duty to drive safely and keep others from harm.
- David’s lack of following safety rules caused him to hit your loved ones car and caused his or hers death.
David probably did not wake up that day and intend to have an accident. He certainly didn’t mean to kill another human being or loved one. The issue is that David’s irresponsible behavior caused someone to die that day. David is responsible for compensating the deceased’s family. David probably can’t sleep because he feels so bad about what has happened, but David still needs to help compensate the family. At Brad Pistotnik Law we know that all the money in the world won’t bring back your loved one, but there will be bills and expenses and obviously people left behind who suffer economically.
Auto Accident Compensation
If your loved one has been killed in an auto, truck or motorcycle accident, you may be able to bring a wrongful death suit against the vehicle that hit them for a number of reasons. Knowledge of poor maintenance or faulty equipment. The person operating the vehicle was under the influence of alcohol or an illegal drug such as marijuana. Disregarding safe driving laws. Driving while distracted such as while texting. Driving for a business who failed to train or hire employees who have safe driving records. Driving while fatigued and performing too many hours during a work day.
The best way to know if you have a case of wrongful death is to contact Brad Pistotnik Law office. Brad Pistotnik himself has experience representing families in wrongful death cases. Brad will sit with you and hear the details of the loss of your loved one. He will let you know if you are eligible for auto accident compensation due to negligence of another driver. In a horrible time of sorrow it can be comforting to know that there is someone who can help. You need an accident attorney who can help you get the justice your loved one deserves.
Contact Brad Pistotnik at Brad Pistotnik Law now for a consultation about your possible wrongful death lawsuit. Brad is a personal injury lawyer in Kansas and has the experience and knowledge to help you with your case. Brad Pistotnik has been helping families receive compensation for over 30 years. Brad is a compassionate and caring attorney who would like to help you and your family.