Some legal claims fall under strict liability laws, meaning that a party holds fault for a harmful action regardless of intention or negligence. Is wrongful death strict liability?
Most wrongful death claims do not fall under strict liability laws. However, strict liability may apply in some cases. For example, wrongful death cases involving defective products often involve strict liability.
A Birmingham wrongful death lawyer from our team at Heninger Garrison Davis, LLC, can review your situation and determine if strict liability laws would apply in your family’s case. Find out more by calling or completing our online contact form.
When does Strict Liability Apply to Wrongful Death Claims?
Strict liability only applies to wrongful death claims that meet specific qualifications. In these claims, a defendant’s intent does not matter. The court does not care if a defendant acted negligently or intentionally.
Strict liability generally applies in cases involving faulty items, like a defective medical device.
In some states, strict liability also applies in cases involving animal attacks and dog bites. However, these laws can vary, so it’s essential to speak with a lawyer in your area to determine if strict liability applies.
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How does the Court Handle Most Wrongful Death Cases?
The court uses negligence laws to handle the majority of wrongful death cases. Therefore, families must prove that another party acted negligently to cause a fatal accident to secure financial damages.
Proving negligence requires a lawyer to show that:
- Another party owed your loved one a duty of care
- The other party failed to uphold that duty
- The other party’s actions directly caused the deadly accident
- The deadly accident caused financial losses
For example, most fatal motor vehicle accidents involve negligence claims. An attorney can speak with you, review your situation, and provide information about the legal doctrines involved in your circumstances.
Can You Get Damages for a Strict Liability Wrongful Death Claim?
You may have a chance to secure compensation for your family’s financial burdens after a deadly accident. The funds available will vary depending on your state. For example, Alabama only allows individuals to secure punitive damages through a wrongful death claim.
Do Lawyers Investigate Wrongful Death Claims?
An attorney can investigate a wrongful death claim involving strict liability or negligence laws. Law firms vary the strategies they use to investigate based on the needs of each family that turns to them for them.
Depending on your situation, an attorney may:
- Visit the scene of the fatal accident
- Speak with any eyewitnesses
- Look for videos and photos that captured the accident
- Get a copy of any official accident reports
- Work with wrongful death experts
While lawyers do not have to prove negligence with strict liability claims, they do have to show that your family qualifies to file this type of claim. You should call a lawyer to discuss your circumstances and the legal steps that can help your family secure damages.
Who Can File a Wrongful Death Claim Involving Strict Liability?
Each state determines who can file a wrongful death claim after a fatal accident. Some states allow family members to file these claims, while others require a personal representative to handle this legal process.
A wrongful death law firm can provide you with information about the laws in your area, helping you feel more confident about the progress of this kind of claim.
Regardless of who files the claim, states typically award wrongful death damages to close family members or an individual’s dependents.
Can You Wait to File a Strict Liability Wrongful Death Claim?
The court system uses a statute of limitations to control how long you have to file a wrongful death claim after an accident, even one involving strict liability. The deadline will vary from one state to another, but typically, you’ll only have a few years.
It’s essential to move quickly after a fatal accident so a lawyer can keep your claim on track and immediately collect evidence to back up your family’s position. Getting help quickly can also allow your lawyer to help you avoid common mistakes.
Do Wrongful Death Claims Take Long to Resolve?
Wrongful death cases can take a significant amount of time to resolve. Typically, it takes less time if you settle out of court with the insurance company instead of filing a lawsuit against the liable party.
A lawyer at Heninger Garrison Davis, LLC can keep your claim moving and deal with any stalling tactics used by the insurance company or the party responsible for the fatal accident.
Find Out if Wrongful Death Is Strict Liability With a Lawyer
Is wrongful death strict liability? In most cases, strict liability laws don’t apply to wrongful death cases. However, in cases involving defective products and some other situations, strict liability rules may come into play.
You can rely on our team at Heninger Garrison Davis, LLC, to help if your wrongful death claim involves negligence or strict liability. We’re ready to represent your best interests when you call or complete our online contact form.
