Wrongful Death


“Do not pity the dead, Harry. Pity the living.” These are words spoken by Albus Dumbledore in the famed story that is known to nearly every living person in the world today. Unfortunately, these are words that are more than simple musings of a fictional character – these are words that hold a harsh truth for it is the living who must then deal with the repercussions of having to live without their deceased loved ones.

Losing a beloved is never easy and the life lost cannot be replaced by any sum of money or with any goods or apologies. According to the law offices of Hankey Law Office P.C., if liability can be determined to an offending guilty party, showing proof that the death was born out of negligence by that given individual or corporation, then there is unrest where peace should only reign. It can be exceedingly difficult to deal with the aftermath of loss as these are trying, emotionally charged times that can muddle the legal proceedings that can be quite perfunctory and tedious. This is why starting your claim as soon as an incident occurs is vital to quickly receiving compensation.

If prior the to death, the victim suffered wounds or damage that required medical attention, the surviving beneficiaries of the victim is entitled to reimbursements for the procedures, as well as compensation for the loss of income that befalls the loved ones now left behind and in what can only be an extremely difficult situation. Financial recompense will never replace the love and company now lost to you forever but there is some small measure of comfort that can allow you to transition back into some kind of normal in as smooth and efficient a manner as possible.

If you or someone you know has suffered a similar circumstance, do look into availing the services of a wrongful death attorney who can help you make things right. With the right kind of help, you need not even doubt the possibility that in the years now to come, even after the pain of this loss has come upon you, all can be well again.

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Immunity from Wrongful Death


Posted By on Feb 18, 2014

It may sound like a bad joke, but there is such a thing as immunity against a wrongful death lawsuit even if negligence is clearly established. Certain groups are provided protection by the law from a wrongful death claim, which means that they cannot be held liable even if it is their fault that a person or persons died.

But like anything involving the law, it is not as simple as that.

Wrongful death claims can usually apply when a person dies from the action or inaction of another person. The opinion expressed in the website of the Ausband & Dumont Firm in Atlanta is that such sudden deaths are highly traumatic for the survivors. Common situations where a wrongful death may occur would be car accidents, medical errors, dangerous premises, and equipment failures. Anyone or anything that caused the situation is generally liable under tort law.

However, there are exceptions. Government agencies and corporations, public schools, law enforcement agencies, fire departments, family members, railroad companies, generic drug manufacturers, and some medical device manufacturers have been granted immunity from wrongful death claims.

It is easy to understand why the police and firefighters are given this immunity if the injury or death occurred in the performance of their duties; it is less clear why generic drug manufacturers have the same protection. After all, the nature of firefighting and police work entails a certain degree of fatal injury potential. But it is hard to justify why manufacturers of brand name drugs can be sued while manufacturers of the generic version of the same drug cannot be.

But nothing is set in stone when it comes to the law. The immunity of generic drug companies has already been successfully challenged in California, and there is no reason why a competent wrongful death attorney in Atlanta, Georgia or in Washington, D.C. cannot do the same with the right case.

If you are a “real person of interest,” meaning you are eligible to file a wrongful death suit on behalf of the victim, then it would be best to have an experienced wrongful death lawyer on your camp. You may be compelled to pull out all the stops to get justice, and you need someone with a thorough knowledge of state law to get it properly done.

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