Alabama families face devastation when an event leads to the death in their family. These events could equate to unfortunate accidents, criminal acts and a series of tragic occurrences. The circumstances of these events determine if the fatality could’ve been avoided. This is the determining factor when proving wrongful death in Bessemer, AL.
What Caused the Fatality?
To deem a defendant liable for wrongful death, the plaintiff must connect them to the event that caused the fatality. The claim must indicate what caused the fatality exactly. For example, if the fatality happened during an auto accident, the cause for the accident comes into question. Was the driver intoxicated or under the influence of drugs? Were the road conditions dangerous? If the road conditions were dangerous, were signs available to warn the driver in enough time? The point of this line of questioning is to establish that the liable driver was in control of the outcome.
Were These Conditions Avoidable?
By using the above-mentioned situation as a reference point, it ibecomes obvious that road conditions that became dangerous without warning are unavoidable. However, if the at-fault driver was intoxicated or on drugs, an accident was avoidable. Whether the driver was in control of their faculties or not, they chose to break the law by driving in this altered condition. It is a criminal act and punishable through by law.
Forensic Analysis and Autopsy
Forensic scientists and medical examiners conduct tests to determine the exact cause of death. They perform an autopsy on all auto accident victims. The process is necessary to define the cause of death on the death certificate. The findings determine if the accident itself was the reason for the fatality. If the findings indicate that these injuries killed the victim, it is wrongful death. However, if they had a heart attack prior to the accident or during the process of the accident, wrongful death is disproved.
Alabama families face dire hardships when a fatality occurs unexpectedly. Unfortunately, not all events are considered wrongful death. This term is proven when the cause of the fatality could have been prevented. Families who need to assess wrongful death in Bessemer, AL should contact Forstman & Cutchen today for more information.