Manslaughter and Wrongful Death

The legal system in the United States is divided into two different fields. One is criminal law, where crimes are considered to be against everyone and are brought to trial by a representative of the state. For a death, this would be a case of homicide or manslaughter involving the police and the district attorney. There are also crimes against people or property which are handled by civil law. The responsibility of bringing these cases to court lies with those who were wronged. So in a death, the surviving family members could sue the person responsible for wrongful death. The two court systems operate independently of each other, so it is conceivable that a person could be tried for both wrongful death and manslaughter.

Wrongful death cases sometimes have a shorter statue of limitations in some states. Contact your Colorado personal injury lawyer to see what the statute of limitations is and if there is a date of discovery limitation on filing a wrongful death lawsuit. The discovery date laws say that the statute of limitations only starts from the day the crime was discovered. So if the normal statue of limitations in Colorado is 2 years, but a missing person's body is not found until 4 years later, a Denver wrongful death attorney could still file a claim. The state may have a limit on how long after the fact delayed discovery cases can be brought to trial.

Car accidents and the like that did not involve actual malice or pre-planning would be manslaughter under criminal law. The same person could be tried for negligent wrongful death if they behaved in a irresponsible way that lead to a death. There are also cases of voluntary manslaughter, where the defendant killed on purpose, but in a situation where he was provoked, and it would be reasonable for someone to lose control in that situation. The classic case is the spouse who returns home to find someone else in their partner's bed and kills them. The defendant killed on purpose, but did so because they were provoked. This is not a defense like self defense, just a slightly lesser crime than homicide.

If the death was a result of reckless disregard (or negligence if it was civil law) but not on purpose then the case might be tried as manslaughter. The Denver personal injury attorney may be able to help with advice in such situations, but you had best get a criminal defense attorney on retainer as well. Depending on the facts of a car accident there could be many different outcomes. A defendant may not be guilty under criminal law, but still be sued under civil law. Or if the defendant acted extremely recklessly on purpose and ran someone over, it could even be homicide.

Hi, I'm Clark McReynolds, a legal guru in Denver, Colorado. Check out my Colorado personal injury blog to find how to protect yourself in case of an injury. I also review professional Denver wrongful death lawyers so you find one you can trust.

Birth Injury

Wrongful Death, What Does it Really Mean?

What is the appropriate action when someone was killed by the act of another?

A wrongful death lawsuit is brought on by an immediate member of the deceased individual's family.
What must be proved?

Generally one or more of the following must be proved to be successful in a wrongful death suit:

* Negligence of a company, person, city, or other public agency.
* Intentional act is where someone deliberately injured the victim which eventually caused death.
* Some other liable action, such as an action which caused another person to injure the victim.
* Extent of the heir's damages, what type of monetary loss, and pain and suffering was caused?

Who can sue?

The laws vary from state to state as to which family members and how many may sue for wrongful death. The following order of claimants can be used as a guide to determine where you might stand in a wrongful death claim:

1. Spouse and children
2. Parents, brothers, and sisters
3. Minors who lived with the deceased and received 50% of the support

What are the monetary damages?

The amount of damages that can be collected in a death lawsuit vary based on a number of factors that pertain to the deceased and include:

* Age: used in determining the amount of years the victim could have expected to work
* Health: what was the overall health condition and what was the current productivity.
* Life expectancy: How long would this person have lived?
* Earning capacity: What is the value of the income the victim would have earned over their lifetime?
* Medical and funeral expenses: Actual costs associated.
* Plus any other factor that shows how the plaintiff would have benefited from the deceased

In all wrongful death matters, it is recommended that you seek professional legal assistance to protect your interests, such as http://www.Ariellawgroup.com. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed. Contact our law offices today for more information. 310-477-2626

home loan dui lawyer automobile insurance

Wrongful Deaths in Car Accidents

The death of a loved one in a car accident can have a life-long impact on the family members survived by the wrongfully deceased. The emotional pain, loss of companionship, and loss of support provided by the deceased cannot be measured. Often, family members are unaware of their rights, and do not understand the benefits of pursuing litigation. This is unfortunate because in times of uncertainty, litigation against the responsible party can provide some sense of pursuing justice and comfort.

If someone you know was wrongfully killed in a car accident, contact an experienced attorney to pursue the justice you deserve. Car accidents often are the result of careless or negligent driving, and this should be appropriately remedied. Legal action provides such an option, and you should seriously consider every option available to you in this difficult time.

Types of Compensation Available

The family members of a person wrongfully killed in an accident can often claim compensation for the following:

• Life insurance


• Medical bills


• Pain, mental anguish and suffering


• Anticipated future earnings of the deceased individual


• Loss of companionship


• Funeral expenses

In the wake of a loved one's death, legal concerns are probably the last thing on your mind. However, the unexpected loss of a loved one can result in serious financial demands that can easily lead you into serious debt. If your loved one died as a result of someone else's negligence, it is important to pursue the compensation you deserve from that individual so that you are not left with the financially crippling effects of someone else's mistake.

Additionally, you may be able to pursue punitive damages from a grossly negligent driver. These damages are intended to punish the responsible party and deter others from making the same mistakes in the future.

If someone you love was wrongfully killed in a car accident, visit the website of the passionate Clarksburg car accident lawyers at the Law Offices of David W. Frame today for more information.

James Witherspoon

new year 2010

Forklift Accident Injuries

Common Causes of Forklift Accidents

Estimates indicate that thousands of people sustain injuries from forklift accidents every year. Forklifts, or powered industrial trucks (PIT), can be dangerous when the operator is unaware of how to use them or when they are defective. Commonly, accidents occur as a result of the forklift tipping over, unsafe driving, and falls from a forklift. Many tipping accidents occur when unloading and loading a forklift. According to the Occupational Safety & Health Administration (OSHA), 25 percent of all forklift deaths occur because a forklift tipped over and crushed a person beneath it.

OSHA attributes forklift accidents to the failure to follow safety procedures, insufficient training of operators, and the failure to enforce safety rules. Consequently, OSHA has implemented safety standards that require all forklift operators to receive training and to become certified prior to operating a forklift.

Receiving Workers' Compensation for a Forklift Accident

A forklift injury that occurs at a workplace, may entitle the injured worker to workers' compensation. Most states require employers to purchase workers' compensation insurance. Workers' compensation provides injured workers with benefits, such as medical treatment, job displacement benefits, permanent disability, and death benefits. These benefits are provided regardless of whether the employer or the employee is at fault. In exchange for the benefits provided an injured worker, an employer receives protection from a future lawsuit brought by the employee. If a worker dies because of the work-related injuries, death benefits may be available to eligible family members.

Bringing a Personal Injury Lawsuit

A worker may file a legal action against a third party that bears some responsibility in the accident. Possible third party defendants include the landowner, the general contractor of a construction site, and the forklift manufacturer. Civil courts hear personal injury claims, which must be brought within the time specified by the state.

Premises Liability of the Land Possessor

Landowners and occupiers owe a duty to make sure a property is safe. A forklift accident that occurs because of an unsafe condition on the property may create a cause of action against the landowner or the person in possession of the property. A landowner does not always possess the land. The land possessor is the person who has control over the property. The law imposes this responsibility because the person in possession of the land can easily discover dangerous conditions on the property. Consequently, a worker injured by a forklift at a construction site may have a cause of action against the general contractor, a subcontractor, or the person in charge of the construction site.

Negligence of a Third Party

While a worker may not bring a legal action against an employer if workers' compensation benefits are available, a person injured by a forklift may initiate a negligence claim against a third party responsible for their injuries. Negligence refers to a person's failure to act as a reasonable person would in a similar circumstance. A successful claim may result in damages for pain and suffering, and past, present, and future medical care and loss of earnings.

Products Liability for a Defective Forklift

Sometimes a forklift accident is the result of a defective part or forklift design. When this occurs, a person may have a legal claim for products liability against the manufacturer of the forklift. The theory of products liability imposes tort liability on the manufacturer or seller of a product that causes injury to a buyer, user, or bystander.

Most products liability actions rely on strict liability as the basis for the claim. Unlike a negligence claim, it is unnecessary to establish a defendant's fault. It is instead necessary to show that the forklift had an "unreasonably dangerous" manufacturing or design defect, the defect caused the plaintiff's injuries, and the product did not undergo any substantial changes from its original condition. A manufacturing defect is a defect that occurs during the manufacturing process, while a design defect refers to a poorly designed product.

Wrongful Death

If a forklift causes a person's death, the decedent's personal representative may bring a wrongful death action to recover compensation. The intent of a wrongful death action is to provide monetary compensation to a decedent's relatives. Most states allow a personal representative to file a claim on behalf of the decedent's spouse or children. Some states allow the parents of an unmarried decedent to recover damages.

State law governs wrongful death actions. Most require proof of three elements: the defendant's conduct caused the decedent's death, the defendant's actions amounted to negligence or intentional wrongful conduct, and the eligible family members and / or the DCE have incurred monetary damages because of the decedent's wrongful death. A plaintiff may recover non economic damages, such as compensation for loss of support, loss of anticipated earnings, and loss of consortium.

For information on wrongful death lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

02 mobiles motorcycle accident attorneys drunk driving lawyers