Tuesday, April 22, 2014

Wrongful Death: Seeing through the Defenses

Wrongful deaths are no less painful to the loved ones the victim left behind. The circumstances behind the incident may be vague until the facts of the case are laid down. However, if you and your lawyer intend to see the case to the very end, it is also important to figure out what the defense is cooking up. There are a number of scenarios that fit into a wrongful death defense.
It was all in…”
The defense may claim that the victim died in an act of self-defense on their client’s part. They can argue that there was an imminent danger to their person, warranting swift action. As a result, the plaintiff can demolish that argument by proving that the circumstances behind the incident are not of “subjective beliefs.”

Unlawful Acts
Although your case may be airtight, be ready for arguments that the decedent’s demise was a result of being part of illegal acts. As legal theories back this in the precept of not rewarding unlawful acts, the plaintiffs are at risk of not getting damages. There’s also assumption-of-risk arguments to consider, especially if the victim went ahead despite knowing the consequences all along.
Signed a Quitclaim?

If the death occurred after leaving the workplaces but the cause pointed to lingering circumstances picked up in the workplace, take note of a release agreement possibly having been signed. However, this may not shield the defense client from gross negligence claims.

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