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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