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Breakdown of Wrongful Death Law

No Generalities. What Is Wrongful Death, Really?

Each of us must die. We don't want to. For most of us, death will come in its season and life's end will be as predicted. For some of us, death will come prematurely, but naturally. Many diseases know no age limits. These deaths are not "wrongful". They are sad. But, what is a "wrongful death"? The answer is not so easy as the question.

When Life Ends Because a Legal Duty is Breached.

Wrongful death happens when life ends because someone else makes a mistake, or commits a willful or wanton wrongful act. Life should not end, but someone else makes it end… and does so in a way the cheats the spouse, or children of the person killed.

Death is "wrongful" under the law when it is caused by conduct that violates a legal duty owed by the wrongdoer to the person killed. This may be a duty to drive at a reasonable speed, or to build a safe product, or to provide medical care of at least average quality. Death is wrongful when life is snuffed out because someone else does something the law says should not occur. When a breached duty causes death the next of kin are deprived, wrongfully of their loved one's companionship and support.

Wrongful death is not a remedy for loss of life; it is a remedy for loss of a crucial relationship. The law cannot compensation the person killed. She or he is gone. The survivors suffer. They are without support, love, advice, companionship, nurturing, loving, and shared goals. They are the losers. The law provides a remedy for these losses to those who live to bear the burden of a premature death. This is "wrongful death".

Sometimes examples are good teachers, at Domina Law Group, our wrongful death work with families wounded by loss include matters like these:

  • Trucker Violations of Safety Rules
  • Airplane Manufacturing Defects
  • Trucking Company Training Failures
  • Airplane Pilot Error
  • Defective Truck and Auto Parts
  • Farm Tractor Roll Over
  • Failed Seatbelts and Passenger Restraints
  • Rotating Shaft / PTO Entanglements
  • Negligent Use of Firearms
  • Auto Collisions
  • Abuse of Firearms
  • Home and Building Explosions
  • Farm Equipment Malfunction
  • Building Design Defects & Collapses
  • Roadway / Highway Design Defects
  • City and State Law Enforcement Errors
  • Medical Malpractice
  • Radiology Malpractice
  • Failure to Diagnose
  • In Hospital Suicide: Failure to Protect
  • Birth Trauma
  • Toxic Shock
  • Machine Entanglement
  • Electrocution – Overhead Lines
  • Flammable Products
  • Food Poisoning
  • Cell phone and texting distractions
  • Drunk Driving
  • Injuries by Unsupervised Animals
  • Methane & Petroleum Explosions
  • Teacher Supervision Negligence
  • Falls from Unsafe Structures
  • Building Fires
  • Hunting related shootings
  • Train Crossing Collisions
  • Big Rig Negligence

We do all we can to turn a premature death into a chance for our clients to win the compensation we think they are entitled to have. Our case selection process is thoughtful. We understand wrongful death. We know what it means, and we understand how important it is to focus on the real purpose of the law: to compensate the next of kin for their loss and to use the law to prevent such lapses from recurrence.

At Domina Law Group, we do not take "no" for an answer when our client is hurt. 
Contact us today for the representation you deserve. 

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